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Maeve Hanna

Senior Associate

London

Maeve Hanna

Senior Associate

London

News & insights

Publications: 25 FEBRUARY 2020

Time limits for damages claims based on public law breaches during rail franchise procurement

This case highlights the very different, and often very strict, time limits that apply in different private law and public law claims.  Rejecting the Secretary of State’s attempt to strike out part of the claims against it, the Court of Appeal confirmed that the six-year time limit for damages claims applies to a procurement conducted outside the Public Contracts (and similar) Regulations.  However, the three- month judicial review time limit may apply to other private law claims in this context.  The decision highlights the importance of considering time limits when challenging, or defending, public body decision-making.  Where the public law act engages private law rights, damages and other remedies may still be available where the time limits for judicial review have passed – provided that judicial review is not being sought by the back door: Secretary of State for Transport v Arriva Rail East Ltd & ors [2019] EWCA Civ 2259.

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Publications: 28 NOVEMBER 2018

Decisions of a private body acting as a ‘Skilled Person’ cannot be judicially reviewed

In an important decision on when private bodies can be subject to judicial review, the Court of Appeal confirmed that KPMG’s decisions as a “Skilled Person” (per s166 Financial Services and Markets Act 2000 (FSMA)) in a bank’s voluntary redress scheme for customers mis-sold interest rate hedging products could not be reviewed by the court. Conducting a detailed analysis of the authorities in this complex area of public law, the Court of Appeal found that KPMG was not exercising a public function which was amendable to judicial review; the nature of the redress scheme was essentially for the pursuit of private rights in a private law context: R (Holmcroft Properties Ltd) v KPMG LLP & ors [2018] EWCA Civ 2093

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Publications: 01 OCTOBER 2018

English court’s jurisdiction over Italian swaps dispute confirmed

The Court of Appeal dismissed an Italian local authority’s challenge to the English court’s jurisdiction over declarations sought by a bank pursuant to an English law governed swaps contract. In this important decision concerning potentially conflicting jurisdiction clauses, the Court of Appeal provided clear guidance in the face of recent differing approaches at first instance. The decision has therefore brought clarity and welcome market certainty to the interpretation of jurisdiction clauses, particularly when one of them is in an ISDA Master Agreement.  Allen & Overy acted for the successful respondent bank: Deutsche Bank AG v Comune di Savona [2018] EWCA Civ 1740, 27 July 2018

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Publications: 08 MAY 2018

When to challenge public contract awards – lessons learned from the UK passport saga

​Following its initial outcry and garnering of (some) public support, the current UK passport manufacturer De La Rue backed down from its challenge of the Government’s decision to award the new post-Brexit blue passport contract to Germalto UK Ltd, a Franco-Dutch company.  While this is politically emotive topic for some, for procurement lawyers the outcome is not necessarily surprising.  The very purpose of EU procurement law is to ensure that public authorities do not unlawfully favour national interests.

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London

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Qualifications

Professional

Admitted as solicitor, England and Wales, 2011

Academic

BA, Law, Queen's College, Cambridge University, 2007

LLM, Law & International Law, University of Bristol, 2008