Simon Taylor
Call: 1987, returned to Bar 2012
Email: staylor@keatingchambers.com
Tel: +44 (0)20 7544 2600
Simon Taylor is an experienced competition and procurement specialist, with a background in EU law. He was originally called to the Bar in 1987 but left to study in Brussels and re-qualified as a solicitor. After 20 years or so practising in Brussels and London, including 7 years as a partner in a leading law firm, he returned to the Bar in 2012 and joined Keating Chambers.
His career has been based on the regulation of public bodies and network industries, subsidies/state aid and the competition rules. These rules have historically been based on EU Treaty provisions and directives, but remain in modified form in UK law post Brexit. Simon was involved in 2001 in one of the first UK public procurement case, Severn Trent v Dwr Cymru and has since been at the forefront of development of procurement law. He has published and spoken widely on the area and has a busy contentious practice, acting both for bidders and buyers in public procurement disputes. He has acted in some of the most high-profile procurement cases in recent years, including acting for HS2 in Bechtel Ltd v HS2 Ltd (construction of Old Oak Common) and Siemens Mobility Ltd v HS2 Ltd (rolling stock) and also provides strategic advice on the conduct of tenders. He has also acted as a mediator on procurement disputes.
He advises companies, utilities and public bodies on competition, subsidy control and regulatory issues arising from disputes, transactions such as mergers or joint ventures and commercial agreements or conduct. He has specific expertise in regulated sectors such as healthcare, communications, rail and water and alsoand acts on commercial disputes and public law cases, particularly in these areas.
- Acting for One Primary Care in a procurement claim against the NHS Northamptonshire Integrated Care Board relating to the award of a contract to run an urgent care centre, including at an application to lift the automatic suspension on 25 June 2024. Judgment pending.
- Advising on strategic procurement issues arising in the course of a major infrastructure tender.
- Advising a City Mayor on a procurement for domestic abuse victim services.
- Advising a local authority on procurement issues arising from the proposed redevelopment of an urban site.
- Acting for Prime Way Care Ltd against the London Borough of Hammersmith and Fulham in a procurement claim relating to home care services.
- Acting for the claimant at a disclosure hearing in a procurement case relating to a technology solution. Excelerate Technology Ltd v West Midlands Ambulance Service and NHS England [2024] EWHC 177.
- Acting for a University on the procurement of a computer system, including drafting a VEAT notice.
- Acting for Starcross Trading Limited in a claim relating to high acuity patient transport services.
- Acting for Eckoh in a procurement claim against the Secretary of State for Works and Pensions relating to the application of the G Cloud framework, including at a CMC in February 2023.
- Acting for HS2 in successfully defending a challenge brought by Siemens to the outcome of its high- speed rolling stock procurement. Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2022] EWHC 2190 TCC (expert evidence), Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2022] EWHC 2451 TCC (strike out, limitation) and Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2023] EWHC 2768 (TCC) (trial).
- Acting for HS2 in successfully defending the challenge brought by Bechtel Limited to the procurement for the construction of Old Oak Common station. Bechtel Limited v High Speed Two (HS2) Limited [2021] EWHC 458 TCC.
- Acting for NHS England in a challenge brought to a dental services tender by Accessible Orthodontics. Application to amend and for security for costs. Accessible Orthodontics (O) Ltd v National Health Service Commissioning Board [2020] EWHC 785 (TCC).
- Acting for MSI-Defence Systems Ltd in a challenge brought against the procurement of maintenance services of Naval gun systems by the MOD. Successfully resisted a strike out application. MSI-Defence Systems Ltd v Secretary of State for Defence [2020] EWHC 164 (TCC).
- Acting for Circle Nottingham Ltd in its challenge against NHS Rushcliffe CCG in relation to the elective services contract for the Nottingham Treatment Centre, including on the application to lift, Circle Nottingham Ltd v NHS Rushcliffe CCG [2019] EWHC 1315 (TCC). Acted also on Circle’s application for expert evidence. [2019] EWHC 2358 (TCC) and [2019] EWHC 3635 (TCC).
- Acting for HS2 in separate challenges brought by Construcciones y Auxiliar de Ferrocarriles SA and Patentes Talgo SLU to the pre-qualification stage of the HS2 procurement for rolling stock.
- Acting for Epsom and St Helier University Hospitals NHS Trust as interested party in Central Surrey Health Ltd v NHS Surrey Downs CCG [2018] EWHC 3499 (TCC).
- Acting for the successful defendant in R (Hersi & Co Solicitors) v The Lord Chancellor (as successor to the Legal Services Commission) [2017] EWHC 2667 (TCC), a claim relating to the 2010 round of legal services tenders.
- Acting for Healthcare Environment Services (“HES”) in a third party disclosure application in SRCL v NHS England.
- Acting for Virgin Care Services in a procurement dispute with a various Surrey based CCGs in relation to a community health care services tender.
- Acting for NHS Dartford, Gravesham and Swanley Clinical Commissioning Groups in successfully lifting an automatic suspension: Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group and NHS Dartford, Gravesham and Swanley [2016] EWHC 1393 (TCC).
- Acting for Sunderland City Council in a challenge to a tender for substance misuse services, including representing the Council on an application to lift: Counted4 CIC v Sunderland City Council [2015] EWHC 3898 (TCC).
- Advising a defence contractor on a potential subsidy under the Subsidy Control Act 2022.
- Advising a Welsh public body on the application of procurement and competition law to the renegotiation of a contract for software services to schools.
- Advising a recipient of local authority funding for the development of an innovation hub under state aid law and the Subsidy Control Act 2022.
- Advising a retailer on franchise agreements and the competition implication of potential merger scenarios.
- Advising a public sector provider of framework services on the competition implications of forming a joint venture with another provider of similar services.
- Advising BRE Group and other clients on a range of state aid matters relating to ERDF and other grant funding applications.
- Assisting Basildon & Thurrock University Hospitals NHS Foundation Trust and Southend University Hospital NHS Foundation Trusts on gaining CMA Phase 1 approval for their pathology joint venture with IPP.
- Acting for InHealth on a challenge to a national tender for the provision of PET-CT scanning services under the EU and NHS procurement rules and EU competition law.
- Advising a R&D company on the treatment of eligible costs for the purposes of the state aid General Block Exemption Regulation.
- Advising a development company on the state aid implications of a regeneration project.
- Advising a coffee retailer on the competition law implications of franchising and other distribution methods, on pricing and marketing and the implications of mergers in related sectors.
- Advising the Labour Party on the public interest exemption for mergers under UK and EC law and its application to the proposed Pfizer/Astrazeneca merger and on options for reforming the rail regulatory structure (pro bono).
- Advising an English university on the state aid implications of ERDF grant funding for the construction of a science park.
- Advising an English university on the state aid and competition implications of a joint venture with a private provider of higher education services.
- Successfully mediating a procurement dispute relating to a construction contract.
- Co-mediating a multi-party competition dispute in the pharmaceuticals sector.
- Representing clients in several mediations relating to procurement claims and NHS commercial disputes.
- Acting as assistant mediator on a competition damages follow on claim involving multiple parties.
- Acting for NHS England on a challenge to an urgent clinical commissioning statement relating to pectoral surgery. Permission refused by order of 8 February 2024. R (Bobby Blount) v NHS England.
- Acting for HS2 in successfully defending various judicial review claims brought by Siemens Mobility Limited in relation to the HS2 rolling stock procurement.
- Advising a rail franchise operator on a possible judicial review of a decision by the ORR on a recalibration request further to Schedule 8 of the Track Access Contract.
- Acting for the Lord Chancellor in a procurement claim brought by Dylan Conrad Kreolle Solicitors in the Administrative Court (permission refused). R (Dylan Conrad Kreolle Solicitors) v Lord Chancellor [2019] EWHC 3334.
- Acting for British Orthodontic Society as interested party in British Dental Association v NHS England, a judicial review relating to a decision to start a tender for NHS orthodontics services using a dynamic purchasing system and without engaging first in a consultation process.
- Acting for Transport for London as interested party in Heathrow Airport Ltd v Office of Rail And Road [2017] EWHC 1290 (Admin) (26 May 2017), a case relating to charges payable by the Crossrail service for accessing the Heathrow spur.
- Acting for NHS England on successfully defending an application for judicial review on a market access case – a decision not to contract with a provider of stereotactic radiosurgery services (SRS) during an interim period pending a national procurement for SRS. Judgment is the first case based on the NHS (Competition, Procurement and Patient Choice) No 2 Regulations 2013: QSRC v NHS England [2015] EWHC 3752 (Admin).
- Acting for the Legal Aid Agency in successfully resisting a strike out application in the Administrative Court brought by Mr Hersi challenging the 2010 tender for legal aid services: Hersi v Legal Aid Agency (unreported).
- Advising a local authority on contractual issues arising under a waste management services contract.
- Advising a defence contractor on enforcing a reasonable endeavours clause under a settlement agreement following a procurement dispute.
- Acting as an expert in providing a determination of a dispute relating to the NHS Standard Terms.
- Advising a major IT services company on disputes relating to a Government contract following a tender procedure.
- Advising a Commissioning Consortia Group on a contractual dispute and mediation relating to a 5 year Community services contract.
- Advising a local council on disputes arising under a theatre management contract.
- Advising a GP practice on restrictions relating to the sale of goodwill.
- Advising an NHS commissioning body on the contractual and regulatory implications of the 2014/15 Monitor tariff changes.
- Advising Co-locate Velindre on procurement issues relating to exclusion criteria arising in the procurement of the new Velindre Cancer Care unit in Cardiff.
- Advising Hestia (women’s refuge charity) on a potential procurement challenge.
- Advising an Advocate client on a potential appeal to the Court of Appeal relating to the strike out of his claim on limitation grounds and refusal of permission to bring a judicial review.
- Representing a buy to let tenant in a dispute with a local authority over service charges and on a successful counterclaim for damage caused by breach of repair covenant. Case included notable Housing Act issues as well as a significant distress and inconvenience award. (Camden v Elshami – for Bar Pro Bono Unit).
- Representing company directors in a two day unfair dismissal hearing before the employment tribunal, including preparation of witness statements and settlement negotiations (Free Representation Unit).
- Advising the Labour Party on a range of matters in the run up to the 2015 election including the EU free movement law implications of changes to welfare laws and policy, the use
of strategic and social criteria in public procurement and the options for changes to rail franchising policy.
- Acting for a major UK plc on gaining OFT approval for the acquisition of a global airport noise monitoring systems operator.
- Acting for a rail franchise company (MTR Laing) on gaining OFT approval for its bid for the Thameslink/Great Northern Rail Franchise.
- Advising the Department of Health on the competition law and policy implications of opening up NHS provision to free choice and competitive from independent sector providers, including the Ofcom investigation under the Competition Act 1998 into agreements between NHS Trusts and providers of bedside communication systems.
- Advising Cemex on its appeal to the Court of First Instance in relation to the EU Commission’s decision adopting the UK carbon training plan.
- Acting for an electricity supply business in gaining OFT approval for the acquisition of a street lighting business.
- Advising the Strategic Rail Authority in a range of rail regulatory matters, including implementation of EU Directives, state aid and competition.
- Advising Western Power Distribution on the regulatory, competition and procurement issues arising out of the take-over of Hyder plc and the establishment of Dwr Cymru.
- Advising Cable & Wireless Communications on a range of competition investigations by European Commission, OFT and OFTEL.
- Acting for Iberia and Olympic Airways on European Commission investigations into airport ground handling services.
- Acting for Stena Sealink on Commission investigation into access to port facilities at Holyhead.
