Procurement & State Aid

11KBW’s procurement law practice is cutting edge. We have been at the forefront in developing procurement law from an occasional item to one of the fastest-growing areas of public law and litigation.

11KBW members have acted in many of the leading High Court claims brought under the Public Contracts and Utilities Contracts Regulations and have appeared in numerous judicial reviews concerning contract awards. We also represent parties in CJEU litigation and in infraction proceedings.

Our procurement law team comprises members of Chambers at all levels, from senior QCs to juniors up to five years call. We act for tenderers and other claimants, and public authorities of all types. We offer a comprehensive service, from early advice on avoiding engagement or breach of the procurement rules, to representation at interim hearings and at trial, and beyond to the appellate courts.


  • Claims under the Public Contracts and Utilities Contracts Regulations
  • Implied contract claims
  • Claims for wasted bid costs, including claims in contract and for restitution
  • Applications to set aside the automatic stay
  • The assessment of damages in procurement cases
  • State aid in the procurement context
  • The Public Sector Equality Duty in tender procedures
  • Whether the extension / variation of a contract requires a fresh tender procedure
  • Whether a development contract must be advertised
  • The application of procurement rules to joint ventures and other corporate vehicles
  • Choice of selection criteria
  • Disclosure of tender evaluation criteria and sub-criteria
  • Rejection of non-compliant tenders
  • Treatment of abnormally low tenders
  • The scope of post-tender clarifications


11KBW publishes a regular procurement law update. A sample issue can be downloaded here. If you wish to be sent the latest issue or to subscribe to the update then please email

Recent Cases
  • Supreme Court re-writes the law of procurement damages

    The Supreme Court has today handed down judgment in the preliminary issues appeal in EnergySolutions v NDA [2017] UKSC 34. The Court, allowing NDA’s appeal on the main issue, has unanimo...

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  • Jason Coppel QC and Patrick Halliday successfully argue that local campaigners do not have standing to claim for judicial review of procurement matter

    Mr Justice Dove has today handed down judgment in R (Wylde) v Waverley Borough Council [2017] EWHC 466 (Admin). This is an important decision about limitations on the use of judicia...

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  • Private investor principle in State aid

    The Supreme Court has refused the application for permission to appeal in Sky Blue Sports & Leisure Ltd) v Coventry City Council from the decision of the Court of Appeal (2016) EWCA Civ 453 ...

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  • Welsh Local Authority Conference - Procurement and State Aid

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  • The Legal Mechanics of Brexit by Peter Oldham QC

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  • Procurement Law Update: To tender or not to tender?

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