This is significant for both public sector entities and their suppliers because the PA 2023 replaces the well-established EU-founded regime under the Public Contracts Regulations 2015 which previously governed public sector procurement processes.
The most striking change to the law is that the PA 2023 introduces a new supplier exclusion and debarment regime which means that suppliers who fail to meet particular standards or pose particular risks (for example, risks to national security) can be debarred from tendering for public contracts. This goes further than the previous regime which only allowed for suppliers to be excluded from particular projects.
In addition to the obvious financial implications of being precluded from participating in new tenders or being awarded call-off contracts, there are likely to be reputational consequences for the affected suppliers as debarred suppliers will be added to a public register, with the ground for their debarment also given.
There are routes to challenge disbarment but, just like any other public procurement challenge, it is advisable to take action quickly and obtain specialist advice to avoid falling foul of the procedural hurdles and limitation issues which claims of this nature often face.
Lizzie has a diverse commercial disputes practice and wide-ranging experience of litigation and arbitration including urgent injunctions, appeals and group litigation. Lizzie acts for a wide range of clients, from high net worth individuals to large corporates, including technology companies, established brands across a broad range of industries, public sector entities and startups.
Lizzie has particular expertise in commercial disputes with a technology angle. Lizzie advises on traditional IT disputes (involving hardware, software development, outsourcing and licensing) and disputes involving emerging technologies (including artificial intelligence, digital assets and blockchain). In addition, Lizzie advises on disputes arising out of cyber-attacks and online payment frauds, disputes involving investments into technology companies, disputes about technology procurement processes and the management and resetting of distressed digital transformation projects.
Lizzie is recognised as a "Key Lawyer" in Commercial Litigation and Artificial Intelligence in The Legal 500. Clients say Lizzie “is the best commercial litigator around” and praise her “calm, responsive and very creative approach delivered with considerable expertise”.
Lizzie is the author of the Practical Law practice note AI Disputes and Risk Mitigation and the book A Practical Guide to Smart Contracts and the Law and regularly speaks at industry events.
Lizzie graduated from the University of Cambridge with a First Class degree in Law in 2010 before training and qualifying at Herbert Smith Freehills, where she worked on a variety of complex litigation and arbitration matters for a number of years, before joining Harbottle & Lewis in 2017. Lizzie is a member of the Society for Computers & Law, the Tech Disputes Network, the Cyber Fraud and Asset Recovery Network and the Silicon Valley Arbitration & Mediation Center.
Camille has experience handling proceedings in the High Court, but also regularly advises clients at the ‘pre-action’ stage and has experience of mediation and settlement negotiations.
Camille has particular experience advising on disputes involving breach of contract claims, contractual interpretation issues, IT and tech implementation contracts, cross-border issues, and wrongful or early contractual termination.
Camille has contributed to several articles focusing on tech disputes. These include pieces concerning questions as to how to allocate liability when AI is integrated into business practices and mitigating the risks associated with the same, in addition to articles breaking down the High Court’s approach to dealing with cases involving the fraudulent appropriation of crypto-assets.
Camille joined Harbottle & Lewis in May 2023. She trained at Stephenson Harwood, where she qualified into their corporate and commercial disputes team.
As part of her training contract Camille worked in the legal team of a governmental institution for arts and culture based in the Middle East and advised on a range of matters including incoming and outgoing loan agreements and public art commission agreements.
Camille is a member of the Law Society of England and Wales, the Tech Disputes Network and the London Solicitors Litigation Association.