Partner

Data Protection, Public law & Procurement

Get in touch

For further advice please contact us for a consultation.

-

UK Contact

+44 (0)3330 143 401 info@gunnercooke.com
-

Germany Contact

+49 30 220 131-000 centralservices@gunnercooke.de

Partner

Data Protection, Public law & Procurement

Expertise

  • Data Protection and Cyberlaw
  • Public Procurement, Public Contracts and Commissioning
  • Public Law
  • Regulatory & Governance

Tim’s legal practice builds on his experience of holding Board level and other senior leadership roles in Whitehall, the NHS and the professional services sectors. He was Head of Commercial law at the Treasury Solicitor’s Department; Deputy Legal Adviser at GCHQ and  has held a Non-Executive Directorship in the NHS.

Tim helps clients simplify the complex legal, policy and commercial issues that arise in transactions and partnerships especially those between the public and private sectors. He has been closely involved in initiating, designing, implementing and managing numerous transformational, pan-government  infrastructure programmes (ICT, Services and Construction), many of them creating innovative, long-term strategic partnerships between sectors.

He advises on all public law and regulatory aspects of public contracts including Subsidy controls; public procurement; Anti-bribery; FOIA; NHS legislation and data protection law. He also offers companies who are bidding for public contracts, and incumbent suppliers, a deep understanding not just of the law but of the structure, policies, culture and working processes of HM Government and of the NHS.

Tim Advises

Tim advises across numerous sectors but principally:

  • Health
  • Technology
  • Government
  • Services
  • Third Sector

Experience Highlights

Data Privacy, Information and Cyber Security Law

  • Preparing extensive UK GDPR/DPA 18 compliance documentation, policies, procedures and training for a major UK health care provider;
  • Advising UK clients on the practical consequences of the Schrems II judgment and the removal of the US ‘Privacy Shield’ for EU/US international data transfers;
  • Advising a UK corporate client on preparations for post-Brexit data transfers between the UK and European Economic Area (EEA);
  • Reviewing data protection warranties etc in a business transfer;
  • Advising and on developing policy on cyber-security for law firms and chambers.
  • Advising on the lawful use of biometrics for identity verification in the workplace;
  • Contributing to the debate on AI, surveillance technology, security, law enforcement and data ethics.
  • Advising on commercial and regulatory issues concerning the NCSC Cyber Essentials Scheme;
  • Representing and advising an NHS provider in its urgent response to a major data security breach;
  • Advising a tech services provider on enforcement of its right to confidentiality of its proprietary information by a third party;
  • Assisting a global tech company in its discussion with HM Government regarding industry-wide cyber security measures;
  • Advising a global technology company on the privacy and human rights aspects of its innovative battlefield surveillance technology.
  • Designing an effective data protection impact assessment process for a major corporate client
  • Acting for a data controller responding to a former employee’s complaint to the ICO alleging failure to provide adequate disclosure;
  • He is currently a member of the Law Society’s Technology & Law Committee.

Public Procurement & Public Contracts

Tim has a longstanding specialist practice in public procurement law. He has been involved in some of the highest profile projects and court cases and has been described by one of the Directories as “…a procurement heavyweight”.

  • Advising the Foreign & Commonwealth Office and drafting its Global Procurement Policy and Guidance.
  • Advising the Nuclear Decommissioning Authority (NDA) on its complex, multi-billion pound procurement for the decommissioning of Dounrey Nuclear power station.
  • Lead lawyer for HM Government on the £1.3billion PFI programme for the construction of the new headquarters for GCHQ;
  • Advising Eurostar in litigation concerning the Utilities Regulations (Alstom Transport –v- Eurostar International Limited (1) and Siemens plc [2011] EWHC 1828 Ch.).
  • Advising on operational PFI/PF2 project agreements and the Covid 19 Supplier Relief Policy.
  • On the client side, establishing full-service, multi-user, multi-provider framework agreements for government departments; NDPBs local authorities and NHS bodies;
  • Successfully managing bids for places on legal services panels;
  • Supporting an international central purchasing organisation on the award and management of extensive framework agreements for the NHS;

He has also been involved in major innovative public/private collaborations and policy innovations in England and Wales including

  • Designing and implementing a forensic methodology for the review of operational PFI contracts.
  • Representing HM Government in international Treaty collaborations in the IT sector.
  • Social Care Partnering Agreements
  • Joint Working Agreements and international collaborations  in the healthcare/pharmaceutical sectors;
  • Co-Writing the NHS Wales Indemnity Policy;

Subsidy Controls/State Aid

  • Advising and supporting a biotech company’s application for State Aid funding from a Combined Authority.
  • Advising a grant recipient on subsidy law risk and compliance and providing a subsidy Opinion as part of a major regeneration and housing scheme in the North West.
  • Co-developing a comprehensive state aid grant allocation scheme to support retraining for nuclear sector workers in North Wales

Public & Administrative Law & Regulatory Matters

Preparing, implementing and interpreting new UK and EU legislation, and challenging or defending the reviewable decisions of public bodies.

  • Defending a health service body from a judicial review alleging failure to provide adequate mental health services (CAMHS);
  • Advising on the implications of the EU/UK Trade and Co-Operation Agreement.
  • Resolving a dispute between local authorities in a post-discharge service funding dispute under the Mental Health Act;
  • Advising Government Ministers on a range of policy options in response to the GP recruitment and retention issue;
  • Advising on complex interception warranty issues under RIPA and the Intelligence Services Act.
  • Advising health bodies on  the General Medical Services Regulations; General Dental Services; Pharmaceutical Services and NHS governance and legislation;
  • Chairing statutory appeals bodies relating to the provision of general medical dental and pharmaceutical services.
  • Writing an SI relating to Nursing and Midwifery in Wales;
  • Advising on aspects of the administration of the Bloody Sunday Inquiry.
  • Advising on the Covid 19 regulations, guidance, and supplier relief policy.
  • Advising Welsh Health Ministers on the regulations affecting the ownership and management of dental practices;
  • Responding to urgent issues emerging from a CQC inspection;
  • Handling the regulatory and public law aspects of an urgent decision to close a failing care home and transfer its residents.
  • Advising public bodies on implications of the Human Rights Act;

Tim has advised parties in a number of important judicial reviews; public inquiries and formal reviews examining matters of public interest including the adequacy of the provision of mental health services; the North Wales Child Abuse Inquiry; and numerous public procurement challenges.

He has advised numerous organisations on legislation as wide-ranging as the Human Rights Act; Investigatory Powers Acts; Humanitarian Law; Nuclear Industry laws; Crown Copyright; the Intelligence Services Act; Computer Misuse Act; Government of Wales Acts; Health and Social Care legislation; the General Medical Services Regulations, and international Treaties relating to child protection.

Tim acts for clients as diverse as the Cabinet Office; QinetiQ; Siemens; Babcock; First Group; OFCOM; MOJ; PJHQ; major corporates in the tech, semi-conductor and biotechnology sectors; IASME Consortium; SMEs; law firms and chambers; HM Foreign and Commonwealth Office; the Home Office and National Crime Agency; Welsh Government; Local Health Boards and NHS Trusts; NDPBs; the Nuclear Decommissioning Authority; and Eurostar.

Publications & Appointments

  • Fellow of the Royal Society for Arts, Manufactures and Commerce
  • Member of the Law Society’s Technology & Law Committee (2021)
  • Visiting Lecturer, (Procurement and Commissioning) University of Birmingham Business School; Institute of Local Government (INLOGOV) and the Health Service Management Centre.
  • Tim was an expert witness to the Public Administration Select Committee Inquiry into government procurement and commercial skills (2012).
  • Former member of the CBI Advisory Group on Procurement and PFI.
  • Power In Procurement’ (Heywood, T. and Lonsdale, (2012) PPP Journal).

Career History

  • Deputy Legal Adviser, GCHQ and Head of Legal Affairs at CESG (now National Cyber Security Centre) (1999-2005)
  • Director of Procurement and Commercial Law, HM Treasury Solicitor’s Department;
  • Partner and Head of EU, State Aid & Procurement Law, Bevan Brittan llp;
  • Director (Procurement)  Burges Salmon llp;
  • Non-Executive Director, (Chair of Remuneration Committee and Governance and Risk Committee) Wye Valley NHS Trust (2005 -2010).

Professional Memberships

  • Fellow of the Royal Society of Arts;
  • Member of the Procurement Lawyers Association.
  • The Law Society.