Partner

Privacy, Regulatory, and Public law

Get in touch

For further advice please contact us for a consultation.

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

Partner

Privacy, Regulatory, and Public law

Expertise

Tim is a specialist in making sense of the complex legal, regulatory, governance, policy and commercial issues that arise in dealings 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 a major law firm.

He was a senior civil servant and government lawyer advising on pan-government legal and policy matters, many of them creating new strategic relationships between sectors.

He offers business clients a deep understanding of the structure, policies, culture and processes of HM Government and of the NHS helping to bridge the divide and harness the strengths of both to form innovative relationships for the public good and for improved commercial performance.

He has a varied and significant public law practice involving all aspects of

(i) the interpretation and implementation of statute law and policy;

Tim has been a member of various legislation teams promoting new primary legislation through both Houses if Parliament; has drafted statutory instruments and has extensive experience of implementing new laws (including the Human Rights Act;  the Regulation of Investigatory Powers Act and GDPR). He is co-author if the NHS Wales Indemnity Policy and advised Welsh Ministers on the issue of GP professional indemnity arrangements and advised a public health body on its duties regarding the collection and use of confidential patient information.

 (ii) reviewing, challenging and defending decisions taken by public bodies

Tim has advised parties in a number of 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; the Bloody Sunday Inquiry and various  public procurement challenges.

(iii) creating robust, trusted relationships between the public and private sectors.

This includes public/private partnerships (PPP/PFI2); joint working arrangements; long term provider contracts and helping organisations build good relationships with their regulators and oversight bodies (including the Charity Commissioner; Government Ministers (in England and in Wales); the Information Commissioner’s Office (ICO) and CQC).

He advised IASME Consortium in its successful bid to become the Government’s Partner organisation for its Cyber Essentials Standard and continues to advise on its relationships with certification bodies and NCSC.

  • Tim was the ‘senior user’ for HM Government in the project to award its pan-government legal panel, the largest of its kind in the World.
  • Tim advised two major NHS organisations establish a successful JWA with a major pharmaceutical company with innovative IPR and benefits sharing arrangements;
  • Tim was lead lawyer for HM Government on the £1.3 billion PFI contract for the GCHQ Headquarters.

His legal  work focusses on UK public/ administrative law and commercial contract law; EU law (including state aid); public  procurement law; data protection  and wider information law issues (Freedom of Information; Environmental Information Regulations; confidentiality, cyber law and official secrets).His data privacy work arises in a wide range of contexts including the deployment of innovative technologies, deploying biometric verification in the workplace; PKI solutions; Big-data; and sharing healthcare (and other special category) data;
outsourcing; developing military technologies, battlefield application; interception of communications; performing surveillance and monitoring in the workplace, media and marketing; e-commerce and AI.

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.

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;)

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 social care partnering agreements; Joint Working Agreements; international collaborations; 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

  • 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.).
  • Lead lawyer for HM Government on the £1.3billion PFI programme for the construction of the new headquarters for GCHQ.
  • Programme Board Member for HM Government’s Information Assurance Programme Board.
  • Advising the Foreign & Commonwealth Office and drafting its Global Procurement Policy and Guidance.
  • Working on an extensive GDPR Implementation programme for a major UK financial services company including negotiations with suppliers and securing changes to supply contracts; advice on legal grounds for processing, and drafting data privacy policy documents.
  • Providing a tailored programme of procurement training and legal support for a major central purchasing organisation;
  • Advising a global technology company on the regulatory framework and risks affecting its new battlefield surveillance technology.
  • Negotiating and drafting international contracts between HM Government and major international corporations.
  • Designing a state aid compliant grant – allocation scheme (using monies from the European Social Fund via Welsh Government) for the re-training of nuclear industry staff in North Wales.
  • Advising a number of public and private sector organisations on aspects of the Regulation of Investigatory Powers Act 2000; Official Secrets Acts; the Computer Misuse Act 1990, Convention on Cyber Crime (2001), the Intelligence Services Act 1994, and Human Rights Act 1998 (esp Articles 6 and 8 and the First Protocol).
  • Advising the Nuclear Decommissioning Authority (NDA) on its complex, multi-billion pound procurement for the decommissioning of Dounrey nuclear power station.
  • Senior User and lead lawyer on the project to establish the multi-user/multi-provider/multi-lot framework agreement for legal services to Whitehall Departments and agencies (‘L-CAT).
  • Expert witness to the Public Administration Select Committee inquiry into government procurement and commercial skills (2012).
  • Advising the The Royal Parks on devising a strategy to meet the  Concessions Directive.
  • Advising the Department forEducation on its procurement for the refurbishment of Old Admiralty House.
  • Drafting an SPA for the UK national gas suppliers’ organisation for a new strategic partnership with a major data- services company to deliver a mission- critical theft reduction initiative. This was designed to implement OFGEM’s legal ‘direction’ to all suppliers.
  • Representing HM Government in international Treaty collaborations in the IT sector.
  • Advising local authorities and Partnerships for Schools on numerous Building Schools for the Future (BSF) projects.
  • Designing and implementing a forensic methodology for the review of operational PFI contracts.
  • Advising a health service body on handling the regulatory and contractual consequences of a major data protection breach.

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.
  • Former member of the CBI advisory group on procurement and PFI.
  • Member of the Procurement Lawyers Association.

Professional Memberships

  • Fellow of the Royal Society of Arts

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).

Get in touch

For further advice please contact us for a consultation.

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