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Michael Bowsher
London
Barrister..https://www.monckton.com/barrister/michael-bowsher-kc/
Interests: Government Contract Law and Regulation; Trade and Competition as well as Business Regulation and Commercial Law; Space Law and Indigenous Peoples
Recent Activity
Happy New Year - Public Procurement Reform Starts to Bite in England, and to a lesser extent in Wales and Scotland
So are we ready for all the change that 2024 is going to bring to UK procurement law? There are still quite a few blanks to be filled in before we can really understand how the law will work as a coherent whole. I have spent some time reviewing the... Continue reading
Posted Jan 2, 2024 at Michael Bowsher's Mostly Procurement Bulletin
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And talking of "crowded frontiers", the new world...
And talking of "crowded frontiers", the new world of UK procurement law is now about to be overwhelmed with new material. - The Procurement Bill awaits Royal Assent in the next few days; and of course the flood of new secondary legislation and guidance comes with it. - The proposed... Continue reading
Posted Oct 26, 2023 at Michael Bowsher's Mostly Procurement Bulletin
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Space, the Crowded Frontier – as it might be seen from England
Posted Sep 25, 2023 at Michael Bowsher's Mostly Procurement Bulletin
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And Now for Something Completely Different
On at least one occasion on this blog I have referred to the UK’s trade agreements with individual US states. I have not always taken them seriously. Fortunately, Jean Heilman Grier has provided a much more adult analysis at https://trade.djaghe.com/?p=7588 under the heading “United Kingdom’s Mini-State Pacts”. Even after looking... Continue reading
Posted Jan 30, 2023 at Michael Bowsher's Mostly Procurement Bulletin
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Get Ready Now to Participate in Major EU Public Procurements from October 2023
This note is a joint effort with my friend and colleague, Jay Modrall. He is now Senior Counsel at Norton Rose Fulbright and has given a lot of time and thought over recent months to the subject matter of this blog. He has been looking particularly at the merger control... Continue reading
Posted Jan 30, 2023 at Michael Bowsher's Mostly Procurement Bulletin
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"When most people hear the word "procurement" they switch off, but I cannot get enough of it."
I couldn't resist this quotation as a title for a blog. This was said by Angela Rayner MP, the deputy Leader of the Opposition in the first parliamentary debate of 2023 on the Procurement Bill passing through the Houses of Parliament. I am not going to comment on the entire... Continue reading
Posted Jan 16, 2023 at Michael Bowsher's Mostly Procurement Bulletin
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Things to Think about for 2023
Perhaps a bit late for Happy New Year, but nonetheless I hope not too late to anticipate some of this year's challenges and how I hope to reflect some of them in this blog. In procurement law in the United Kingdom we can expect that 2023 will be the year... Continue reading
Posted Jan 14, 2023 at Michael Bowsher's Mostly Procurement Bulletin
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More Free Trade with Somewhere!
Readers will recall my comments during the summer about some of the problems with the procurement provisions of the bilateral FTAs the UK has been negotiating. I would be interested to know from anyone whether any of those provisions have had real practical effect. Recent comments by at least one... Continue reading
Posted Dec 1, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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The European Circuit 2023 - Do Come Join Us!
Last night I was elected Leader of the European Circuit. The European Circuit is an association of litigators, barristers and advocates across Europe. It provides a vehicle for litigators, barristers and advocates to share experience and education. It is also has a strong social component with events across the Continent.... Continue reading
Posted Nov 30, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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Time for a Safe Space for Positive Post Tender Negotiations in Public Procurement
Since the 1980s EU public procurement law has demonised post tender negotiations. The word "negotiations" has such negative connotations that the process of negotiation with a preferred bidder is generally justified only on a risk based assessment and is often cloaked in descriptions that try to obscure the true nature... Continue reading
Posted Nov 20, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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Developments and Directions in EU Defence Procurement Regulation, and implications for the Defence Relationship between the EU and the UK
Reports that the UK had recently joined the EU’s defence mobility scheme were picked up by a small number of outlets. Some have attempted to interpret the significance of this for the future of the EU-UK relationship in a period in which defence relations are plainly significant. In order to... Continue reading
Posted Nov 7, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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A Little More on Brexit "Achievements" on the Ohio River
In my blog of 28 May I was mildly dismissive of the UK government's achievement in securing a Memorandum of Understanding with the State of Indiana. As that blog was written as part of my preparation for a talk the following Monday I had not given the content of that... Continue reading
Posted Jun 6, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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Some Relevant Texts on External and Internal Agreements affecting UK Procurement Law Reform: For a Talk on 30 May 2022
As many of us have said would happen since well before the Referendum in 2016, the external arrangements of the United Kingdom with the rest of the world heavily constrain any government’s freedom of movement in repealing, amending or even improving procurement law. The internal arrangements between the UK government... Continue reading
Posted May 28, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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Some Recent References to Rowing and Public Policy; and two Follow-Up Points from our King's/George Washington Conference this Week
This blog was always supposed to be a mix of procurement and water-related matters. The picture of “Local Government” on Vauxhall Bridge was always intended to be a reminder from my river-borne commute of the importance of integrity in the public sector. So I commend this blogpost from today which... Continue reading
Posted May 28, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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Does the UK Procurement Bill provide a clear route to addressing Corruption Challenges?
I am looking forward to seeing many online, and some in person at our King's/George Washington event on Anti-Corruption and the New UK Procurement Rules. The title and date were set many many months ago when we had no idea where the UK process would have reached. But here we... Continue reading
Posted May 24, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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Rule of Law in the Four Jurisdictions around the Archipelago - A weekend at Middle Temple - and a consequential thought, and a question regarding Procurement Law reform
It has been a privilege to enjoy our first 4 Jurisdictions Conference since 2019. It was Middle Temple's turn to host in London in 2020, but things happened and if any conference demands in person attendance, this is it. As always a enjoyable and stimulating occasion to share thoughts about... Continue reading
Posted May 15, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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UK Procurement Bill Published - A New Dawn?
Well maybe not a new dawn for procurement law, but a new dawn for this blog. Close followers of procurement law matters will know that I've been tied up in cases which were a matter of quite alot of public comment and it seemed better not to blog too much.... Continue reading
Posted May 12, 2022 at Michael Bowsher's Mostly Procurement Bulletin
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Reform of UK Procurement Law - Government's Proposals Published
Many readers will be well aware that the Government's response to consultation responses on procurement law was published today. See https://www.gov.uk/goverment/consultations/green-paper-transforming-public-procurement In a reflection of the importance of the subject, the publication was greeted with a publication of a First Leader on The Times this morning with the title "Procurement... Continue reading
Posted Dec 6, 2021 at Michael Bowsher's Mostly Procurement Bulletin
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More on Frameworks from Thomas Larsen of Bird & Bird - this time Case C-23/20
Over the summer, Thomas Larsen of Bird & Bird very kindly wrote a follow up post for this blog concerning the decision in Case C-23/20, Simonsen & Weel. Thomas had of course written about this reference when it was made in 2020 and here he follows up on the decision... Continue reading
Posted Nov 12, 2021 at Michael Bowsher's Mostly Procurement Bulletin
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A Guest Post from Professor Alison Jones: Combatting Corruption and Collusion in UK Public Procurement
I am delighted to be able to host a short guest blog from Professor Alison Jones of King's College London (and therefore in some senses my boss). Alison has just had published in Modern Law Review an article entitled "Combatting Corruption and Collusion in UK Public Procurement: Proposal for Post-Brexit... Continue reading
Posted Mar 31, 2021 at Michael Bowsher's Mostly Procurement Bulletin
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Putting Right the Original Sin of UK Public Procurement Law: and Two Events from Monckton Chambers and King's College London on the Future of Procurement Law
I have not been able to keep up blogging as I would wish this year. I am afraid that there has been just too much going on. I also decided that given the constraints imposed by current professional commitments, I should not submit a formal response to the UK government's... Continue reading
Posted Mar 15, 2021 at Michael Bowsher's Mostly Procurement Bulletin
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Public Procurement Provisions in the EU-UK Trade and Cooperation Agreement
Once upon a time Brexiteers dreamt of the abandonment of most or all procurement law, and certainly anything with a whiff of the EU about it. Let’s see what they’ve done about that in the EU-UK Trade and Cooperation Agreement. I should emphasise that this is early days with this... Continue reading
Posted Dec 28, 2020 at Michael Bowsher's Mostly Procurement Bulletin
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UK Procurement Law Going Forward
This is the time of year when I start to write my annual note on recent topics in UK procurement law for the Government Contracts Year in Review conference in Washington in mid-February. There is an awful lot to cover this year so I thought I would set out here... Continue reading
Posted Dec 27, 2020 at Michael Bowsher's Mostly Procurement Bulletin
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King's Procurement Christmas Quiz - The Answers
So first things first....here are the answers to the Christmas Quiz! 1. Armaggedon 2. Utopia Planitia Shipyard 3. His sister in law, Freya. 4. Because castle building and palace building have different CPV codes. 5. Avalanches 6. It is an anti-colonialist novel concerning treatment of workers in Java 7. Strasbourg... Continue reading
Posted Dec 27, 2020 at Michael Bowsher's Mostly Procurement Bulletin
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The Very First King's College London Christmas Procurement Quiz
There's so much to talk about and I'm not sure I'm going to get a chance to start writing sensibly until after Christmas, by which time we might have a Green Paper on Procurement Law to discuss. We already have so much with the Boardman report and comments on last... Continue reading
Posted Dec 14, 2020 at Michael Bowsher's Mostly Procurement Bulletin
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