This presentation looks at the possible effects on Procurement and State Aid law of the UK’s decision to leave the European Union, before, after and during the process of withdrawal.
Part one looks at the various outcomes for public procurement law depending on whether the UK ultimately chooses ‘hard’ or ‘soft’ Brexit. It also assesses the effect on procurement litigation arising or ingoing before the UK officially leaves the union.
Part two goes on to do the same with respect to State Aid and looks at the ‘state aid’ provisions of the various bi- and multi-lateral trading arrangements that the UK may enter into post-Brexit.
Course level: Update
Date of recording: 19th July 2016
Running time: 39 minutes
Part 1 – Public Procurement Law
• Article 50 negotiations and the UK’s future relationship with the EU
• Potential future models: European Economic Area (EEA), partial (sector-based) EEA access, Free Trade Agreement (FTA) with the EU, FTAs with other countries (e.g. Australia)
• Domestic context
• The Public Contracts Regulations 2015
• The future of “best value” and competitive tendering
• Direction of travel in the UK is towards regulation
• The influence of EU law on Common law and contractual claims International Context
• International context
• Single market access
• EU Third-Country rules
• WTO/GPA principles
• Free Trade Agreements with other countries
• Procurement Litigation Post-Brexit
– Pre-article 50
• ‘Business as usual’
• Current litigation likely unaffected
– Post article 50
• EU law continues to apply
• What about interpretive obligations?
– Will we see litigants trying to develop new routes to challenge?
– What about referrals to the CJEU?
– Post Brexit
– Transitional provisions likely
– What about EU cases?
– What about English cases decided with reference to EU principles?
– Increase in contract claims?
Part 2 – State Aid and Brexit
The key issues in context
1. State aid law
2. State aid related transactions
3. State aid investigations/litigation
• Before Art. 50 TEU notification
• After Art.50 TEU notification
• After EU law ceases to apply
Timothy Lyons QC
The early years of Timothy’s career were spent doing general chancery work. He then spent a considerable time in revenue chambers and now deals with a wide range of public and commercial law matters. Particular areas of interest include:
Direct and indirect tax disputes (VAT, excise duty, national insurance) – including EU and international aspects.
• Arbitrations under double tax and bilateral investment treaties.
• EU customs duties; anti-dumping and countervailing duties.
• Trade and WTO law – disputes and arbitrations.
• General EU law – internal market; environment, external relations.
• EU state aid and public procurement law
• All aspects of the community infrastructure levy
• Private client – trusts, succession, conflict of laws, taxation and Court of Protection work.
• Access to information in particular where held by European Institutions.
Timothy’s interest in international matters has led to him advising foreign governments as well as businesses and high net wealth individuals. He represents in court, and advises, trustees of both domestic and international trusts on a wide range of issues and is a member of STEP’s Cross-Border Estates Group and its EU Committee.
Timothy has been called to the Bar of the Republic of Ireland (1998) and is also a member of the London Court of International Arbitration.
Kelly’s practice centres around commercial litigation and arbitration, EU law and tax law, involving litigation at every level of English Court, specialist tribunals, arbitral tribunals and the CJEU.
Her clients include a broad range of multinationals, FTSE 100 companies, local authorities, government bodies, major insurers, high net worth individuals and SMEs, from sectors including Energy, Central and Local Government, Financial Services, Engineering, Aggregates, Insurance (including Life Assurance), Telecommunications, Computing and Medical Equipment.
Rose practises environmental and planning law, public law (with a focus on health and social care) and construction law and energy law. In 2014, Rose was named as “highly recommended” in Legal Week’s Stars at the Bar profile of the most promising junior barristers under 10 years call and is currently ranked 6th in Planning Magazine’s top juniors under 35.