Partner

Data Protection, Public law & Procurement

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

Partner

Data Protection, Public law & Procurement

Expertise

Tim acts for clients on all aspects of:

  • Data protection, information and cyber security law
  • Issues involving Regulators (ICO/CQC etc);
  • Pure Public/Administrative law and
  • The award of public sector contracts.

He helps clients make sense of the complex legal, regulatory, governance, policy and commercial issues that arise in transactions between the public and private sectors.

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 major pan-government legal and policy matters, many of them creating innovative strategic relationships between sectors.

He offers bidders and regulated organisations a deep understanding of the structure, policies, culture and processes of HM Government and of the NHS

Tim Advises

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

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

Public sector -(advising Central Government and public bodies (UK and other States) 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; GDPR; Data Security and Protection Toolkit; PFI reviews; judicial reviews)

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

Nuclear – (procurement and regulatory issues).

Experience Highlights

 

Issues Involving Regulators

Advising and representing clients (jncluding the Regulators themselves) on the applicable regulatory framework; co-operation on investigations; anticipating and preparing for regulatory audits; accountability requirements, tribunals and enforcements measures.

Examples-

  • Advising Welsh Health Ministers on the regulations affecting the ownership and management of dental practices;
  • Acting for a data controller responding to an ICO complaint by a data subject;
  • 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.

Public & Administrative Law

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

Examples-

  • Defending a health service body from a judicial review alleging failure to provide adequate mental health services;
  • Advising and supporting a biotech company’s application for State Aid funding from a combined authority.
  • 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 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 ISA.
  • Jointly devising a compliant State Aid delivery mechanism for an extensive re-training programme in the Nuclear sector.
  • Advising on aspects of the administration of the Bloody Sunday Inquiry.
  • Advising on the Covid 19 regulations, guidance and supplier relief policy.

 

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, trade and technology transfers.

Award of Public Sector Contracts

Tim has a longstanding specialist practice in public procurement law (contentious and non-contentious)covering all aspects of UK and EU procurements

Examples-

  • He has been involved (on the client side and provider/funder side) in numerous major infrastructure programmes and projects both conventionally funded and PFI/PF2 funded projects. (Lead lawyer for HM Government on the £1.3billion PFI programme for the construction of the new headquarters for GCHQ);
  • Advising Eurostar in major High Court litigation concerning the Utilities Regulations (Alstom Transport –v- Eurostar International Limited (1) and Siemens plc [2011] EWHC 1828 Ch.).
  • 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.
  • Advising and supporting numerous bidders/funders for public services and works contracts.
  • Advising on PFI and the Covid 19 Supplier Relief Policy.

He has also been involved in 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/pharma sectors;

Tim acts for clients as diverse as QinetiQ; Siemens; Babcock; First Group; OFCOM; MOJ; PJHQ; Cabinet Office; 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

  • ‘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).
  • Former member of the CBI Advisory Group on procurement and PFI.

Professional Memberships

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

Career History

Previous Law Firms

  • Deputy Legal Adviser, GCHQ (1999-2005);
  • Head of Legal Affairs, CESG (now National Cyber Security Centre) (1999-2005)
  • Director, Procurement and Commercial Law, HM Treasury Solicitor’s Department (2005-2008);
  • Partner and Head of EU State Aid & Procurement Law, Bevan Brittan llp (2008-2010);
  • Director in the Commercial Department, Burges Salmon llp.(2010-2013);
  • Non-Executive Director, (Chair of Remuneration Committee and Governance and Risk Committee) Wye Valley NHS Trust (2005 -2010).