Partner

Data Protection, Public law & Procurement

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For further advice please contact us for a consultation.

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

Partner

Data Protection, Public law & Procurement

Expertise

  • Procurement, Public Contracts and Commissioning
  • Subsidy Controls/State Aid
  • Information Law, Data Privacy and Cyber
  • Public and Administrative law

Tim helps clients make sense of the complex legal issues that arise in transactions between the public and private sectors including the regulatory aspects of major projects.

His legal practice builds on his experience of holding Board level and other senior leadership roles in Whitehall, GCHQ, the NHS and major law firms.

He was a senior civil servant and government lawyer advising on transformational, pan-government policy matters and national infrastructure projects and programmes, many of them creating innovative strategic relationships between sectors.

He 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 processes of HM Government and of the NHS.

Tim Advises

Services Sector– (bidding for government contracts; outsourcing; challenging procurement decisions; responding to consultations; data privacy/GDPR, and State Aid)

Tech Sector– (UK Government relations; policy insight; data privacy; regulatory; cyber and strategic relationships)

Public sector -(advising Central Government Departments, NDPBs and other public bodies on all aspects of establishing and applying public procurement rules (EU/UK and WTO) and public law; defending  judicial reviews;  developing wider markets; State Aid; PFI/PF2; Anti-bribery; Human Rights; FOIA; GDPR; Official Secrets.)

Health– (commissioning; post-discharge payment disputes; public law; governance;  NHS legislation; General Medical Services Regulations; GDS Regulations; and; UK GDPR; Confidentiality, Data Security and Protection Toolkit; PFI reviews; judicial reviews)

Defence sector – (bid support; Humanitarian law; Human rights);

Nuclear – (procurement and regulatory issues).

Experience Highlights

Public Procurement & Public Contracts

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

Examples-

  • 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 and supporting numerous bidders/funders for public services and works contracts.
  • Advising on PFI and the Covid 19 Supplier Relief Policy.
  • Establishing complex multi-user, multi-provider framework agreements for government departments; NDPBs local authorities and NHS bodies.
  • Supporting an international central purchasing organisation on the award and management of extensive framework agreement for the NHS.

He has also been involved in major innovative public/private collaborations 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.

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.
  • Developing a detailed state aid grant allocation scheme to support retraining for nuclear sector workers in North Wales. 

Data Privacy, Information and Cyber Security Law

Preparing extensive GDPR 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 data transfers.

Advising a UK corporate client on preparations for post-Brexit data transfers between the UK and European Economic Area (EEA).

Advising clients on how to adapt to the UK GDPR and the Data Protection Act 2018 from 1st January 2021.

Advising on the lawful use of biometrics for identity verification in the workplace.

Advising a major cyber security standards organisation on the application of GDPR and DPA 2018 to cyber security standards.

Representing and advising an NHS provider in its urgent response to a major data security breach.

Advising a tech services provider on responding to a breach of its confidential commercial information by a third party.

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.

Public & Administrative Law

Developing, implementing and interpreting 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 draft 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.
  • Co-Writing the NHS Wales Indemnity Policy.
  • Advising Government Ministers on a range of options in response to the GP recruitment and retention issue.
  • Advising on complex interception warrantry issues under RIPA and the Intelligence Services Act.
  • Advising health bodies on the interpretation and application of the General Medical Services Regulations; General Dental Services and NHS governance and legislation.
  • 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; 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.

Tim also represents clients who are considering bringing, or who are defending, legal challenges and regulatory enforcement measures.

Publications & Appointments

  • ‘Power In Procurement’ (Heywood, T. and Lonsdale, (2012) PPP Journal).
  • 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).
  • Member of the Law Society’s Technology & Law Committee.
  • Former member of the CBI Advisory Group on procurement and PFI.

Career History

Previous Law Firms

  • 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) in the Commercial Department, 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