Michael Bowsher QC > Chambers of Tim Ward QC and Philip Moser QC > London, England > Lawyer Profile

Chambers of Tim Ward QC and Philip Moser QC
Monckton Chambers
1 & 2 RAYMOND BUILDINGS, GRAY'S INN
LONDON
WC1R 5NR
England
Michael Bowsher photo

Position

Michael Bowsher has been a member of Monckton Chambers since 2001. He has built a diverse practice based around EU and commercial law. He is involved in competition law (particularly damages claims by victims of anti competitive conduct), regulatory challenges, commercial public law and substantial commercial disputes, particularly in construction, technology and public service sectors such as healthcare, transport, waste and utility provision. Michael is best known for his unique practice in public procurement. Michael Bowsher QC has appeared in many of the major UK procurement cases over the last decade. He is described as ‘the premier counsel bar none’ in procurement, ‘the UK’s most prominent procurement silk’ and ‘absolute dynamite’ by Chambers & Partners whilst Legal 500 regards Michael as a ‘real authority on procurement law’. He has been heavily involved in representing and advising clients in claims for damages and injunctions regarding public and utilities procurement since the regime was first established in the UK. He continues to be involved in cases at the forefront of the fast developing area. He has recently been involved, for instance, in the first case concerning the availability of the new remedy of a declaration of contract ineffectiveness. Michael is heavily engaged with a broad range of legal and regulatory issues at EU level in his capacity as Chair of the EU law committee of the Bar. He reviews ongoing developments for the Bar and is involved in meeting and making representations to officials, parliamentarians and others. Subjects in which he is particularly closely involved at present include EU criminal law and the prospective UK optout, data protection, harmonisation of sales law and public procurement reform.

Career

Called to Bar 1985, Middle Temple; QC 2006; called to Northern Ireland Bar 2000; tenant Chambers of Donald Keating QC 1986-88; associate Cleary, Gottlieb, Steen & Hamilton, Brussels 1988-92; tenant Keating Chambers 1992-2001; Monckton Chambers 2001; FCI Arb; chartered arbitrator; CEDR-accredited mediator. Publications of note: Michael has been widely published on a range of topics in EU law, procurement law, competition law, construction and arbitration law. His published material includes the following: Banks & Bowsher, Damages Remedy in England & Wales and Northern Ireland, in Public Procurement Law- Damages as an Effective Remedy ed. Fairgrieve & Lichere (2011); Bowsher & John, The use (and abuse?) of framework agreements in the United Kingdom, in International Public Procurement, a Guide to Best Practice ed. Hernandez Garcia (2009); Bowsher & Moser, Damages for breach of the EC public procurement rules in the UK [2006] PPLR 195; Bowsher, Cross-Border Effects of Judicial Determination of Article 81 (2) EC (In) validity of Contract Current Competition Law vol. IV (2004) ed. Marsden & Hutchings, publisher British Institute of International and Comparative Law; Bowsher, The ECJ, transparency and procurement as an environmental policy: EVN AG & Weinstrom GmbH [2004] lnt Construction Law Review 189; Bowsher, Prospects for establishing on effective tender challenge regime: enforcing rights under EC procurement law in English courts [1994] PPLR 30; Contributor of Procurement law section to 5th, 6th and 7th editions of Keating on Building Contracts. He is currently engaged to act as sole editor of and contributor to a new text book on the principles and practice of UK procurement law. Michael speaks very frequently on various themes concerning procurement, competition and state aid law. Recent speeches to international audiences include the following: speaker on Issues in European IT Procurement and Impact of the European Financial Crisis on Public Procurement at ‘Law and Technology in the Federal Market’- A Public Colloquium at the George Washington Law School, December 1, 2011; speaker on National Champions policies in Procurement and Competition at meeting of Tianjin Lawyers Association in joint meeting held with Bar Council of England & Wales, November 2011; chair of ICC conference in Paris on ‘The new EU Directive: Towards Market-Based Defence and Sensitive Security Procurement’, 1 February 2011.

Languages

French.

Memberships

Fellow of the Chartered Institute of Arbitrators; TeCSA Panel of Approved Mediators.

Education

QC BA (Oxon); FCIArb Chartered Arbitrator; CEDR accredited mediator.

Lawyer Rankings

London Bar > Competition

(Leading Silks) Ranked: Tier 2

Michael Bowsher QCMonckton ChambersSound, balanced and constructive advice in relation to complex and difficult issues, easy to work with and highly responsive.

The leading set for competition damages actions on both the claimant and defendant sides‘, according to some, with ‘good bench strength across all levels‘, Monckton Chambers is frequently in the position of having members instructed on both sides of elite follow-on damages claims and more esoteric competition law matters. State aid highlights include a matter, which settled, concerning former Lord Chancellor Chris Grayling’s decision to award a ferry contract to Seaborne Freight, which had no ferries. Daniel Beard QC, Valentina Sloane, Ligia Osepciu and Jack Williams acted for Eurotunnel, with Philip Moser QC for the Secretary of State; Michael Bowsher QC and Brendan McGurk represented P&O Ferries in a subsequent challenge to the settlement. Members were also on both sides of a Competition Appeal Tribunal case between Royal Mail and Whistl concerning alleged abuse of a dominant position bulk mail delivery with Jon Turner QC, Alan Bates and Daisy Mackersie for Whistl, and Beard QC and Osepciu for Royal Mail. Among the set’s juniors, Bates leads Williams in representing business including Adnams and Poundland (as end-users of lorries rather than hauliers) in a damages claim following the trucks investigation. In recent news, Rob Williams QC took silk and the future of chambers looks bright with rising stars David Gregory, Stefan Kuppen and Mackersie.

London Bar > Public procurement

(Leading Silks) Ranked: Tier 1

Michael Bowsher QCMonckton ChambersSound, balanced and constructive advice in relation to complex and difficult issues.

Monckton Chambers is hailed as the ‘leading procurement and competition set’. It is instructed on significant cases in areas including pharmaceuticals, transport and construction. Michael Bowsher QC represented Mitie Limited in a challenge against the Secretary of State for Justice regarding the procurement of a contract for facilities management services. ‘Seen as the leading QC in this area‘, Philip Moser QC is instructed on critical transport cases, and Valentina Sloane QC (‘a class act‘) is handling a range of high-profile cases, particularly in the transport sector. ‘Judges take notice of‘ Rob Williams QC who has also acted on a number of high-profile transport cases including representing Govia in rail franchise challenges. The junior cohort includes the ‘insightful‘ Anneliese Blackwood, who has been involved in a range of transport or construction matters, and rising stars Jack Williams and Daisy Mackersie.

London Bar > IT and telecoms

(Telecoms (Regulatory) - Leading Silks) Ranked: Tier 1

Michael Bowsher QCMonckton ChambersA first-rate silk.