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Michael Bowsher
Interests: Government Contract Law and Regulation; Trade and Competition as well as Business Regulation and Commercial Law; Space Law and Indigenous Peoples
Recent Activity
My colleague Jenn Lawrence and I have been working on various space-related matters. In the course of our discussions we got to talking about this case about the legal regime for managing satellite orbits that might encroach on others in the context of a recent case. Jenn has jotted down... Continue reading
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 under the heading “United Kingdom’s Mini-State Pacts”. Even after looking... Continue reading
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
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
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
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
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
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
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
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
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
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
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
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
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
Many readers will be well aware that the Government's response to consultation responses on procurement law was published today. See 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
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
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
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
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
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
So first things 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
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
Well it's been a busy time....I hope that you are all well. I have had rather too much to do. I even spent quite a few days in a real court. But there are so many half written blogposts to think about and people to catch up with. And so... Continue reading
Most UK based procurement lawyers will now have received their annual invitation to this highlight in the procurement calendar, albeit it comes in a special Covid format. Given the very particular way that James Hirst puts together the programme this always gives me a mild panic when confronted with the... Continue reading