1. Emily Heard
Partner, Commercial Dispute Resolution
T 0370 194 8997
E emily.heard@bevanbrittan.com
Client Quotes
"Bevan Brittan’s litigation team delivered a fantastic result for us.”
Neeraj Sharma, Head of Legal, Sandwell Metropolitan Borough Council
"Bevan Brittan and in particular, Emily Heard … embodied all of the attributes we were looking for
in external solicitors: they were practical, responsive, and helpful…Bevan Brittan effectively became
a virtual extension to the Council; we truly felt that they were on our side and they were on-hand
(both by telephone and in person) whenever we needed them and often at short notice. Bevan
Brittan has provided us with an exemplarily service from start to finish".
Carl Hedger, Solicitor, Devon County Council
Introduction
I have extensive experience in complex High Court litigation, arbitrations, mediations and Judicial Review.
I specialise in disputes arising from the delivery of public services, including complex judicial review,
procurement and statutory challenges. I have secured successful outcomes for clients in both the
independent and public sector in significant leading cases.
Experience
Procurement Challenges
• Acting for the Claimant, Kent Community Health NHS Foundation Trust in its challenge to the
procurement for adult community services by NHS Swale and NHS Dartford, Gravesham & Swanley
Clinical Commissioning Groups, resulting in the decision in [2016] EWHC 1393 (TCC) to lift the
automatic suspension.
• Acting for the Defendant in Openview Security Solutions Limited v London Borough of Merton Council
(HT-2015-274) involving a tender for CCTV and plate recognition services.
• Acting for the Claimant in Sysmex UK Ltd v Brighton and Sussex University Hospitals NHS Trust (HT-
2015-217) (trial listed for June 2016) involving a tender for coagulation services, and seeking a
declaration of ineffectiveness in relation to the award of a call-off contract to a competitor.
• Acting for the Defendants in Prime Plc v (1) Sandwell & West Birmingham Clinical Commissioning
Group (2) The National Health Service Commissioning Board (3) NHS Property Services (4) The
Secretary of State for Health (HT-2015-275) (parties will be seeking a CMC in March 2016) where the
Claimants seek wasted costs arising in connection with the Defendants' decision not to proceed with two
procurements.
• Acting for the Defendant in Bromcom Computers Plc v Leicestershire County Council (HT-2015-180) in
which the Claimant sought damages and a declaration of ineffectiveness in relation to schools
management information services contracts. Matter now settled satsifactorily.
• Acting for the Claimant in Bristol Missing Link Ltd v Bristol City Council (HT-2015-43 in respect of a
tender for women's refuge services. We successfully obtained and maintained a suspension of the
contract award in favour of our client. Claim discontinued on basis of Defendant's agreement to re-

2. evaluate following decision of Coulson J in favour of our client in Bristol Missing Link v Bristol City
Council [2015] EWHC 876 (TCC).
• Acting for the Defendant in Nottingham Rehab Limited v Devon County Council (HT-2015-2) relating to a
tender for independent living services. The claim involved complex allegations of non-compliance with
specification, automatic suspensions and a related claim for ineffectiveness in relation to the interim
contract. Matter now settled satisfactorily.
• Medical Services Ltd v North West London Hospital Trust. Representing the provider in an issued claim
in the Technology and Construction Court arising out of a procurement for patient transport services.
Listed for trial in 2013.
• Avon and Wiltshire NHS Partnership Mental Health Trust v North Somerset Council: Advising the Trust
in a claim against the Council arising out of a tender for community drug treatment. The claim triggered
the automatic injunction, and was settled shortly after a disclosure application in the Technology and
Construction Court.
• Hawk Protection Ltd v Metropolitan Police Authority: Acting on urgent instructions for a body armour
manufacturer in High Court proceedings against the Metropolitan Police Authority in connection with the
award of a high value call-off contract under a pan-authority framework agreement. At short notice we
represented our client in the Chancery Division of the High Court to prevent the award of the contract
and the matter was subsequently satisfactorily resolved for our client.
• P&R Installations Ltd v Gravesham Borough Council: Defending the Council against High Court
proceedings seeking an injunction and/or damages (in relation to a social housing gas servicing and
maintenance contract value of approximately £20 million) for breach of the Public Contracts Regulations.
The Council resisted the proceedings and the Claim was discontinued.
• The Doctors Laboratory: Acting for an independent sector pathology provider in connection with the
award of a contract by King’s College Hospital NHS Foundation Trust to a joint venture bid between
Guy’s and St Thomas NHS Foundation Trust and Serco. The complaint was made by way of a referral
to the Cooperation and Competition Panel.
Judicial Review and Statutory Challenges
• Acting for the Claimant in the judicial review of the Legal Aid Agency's Crime Duty Solicitor Tender
process R (Fair Crime Contract Alliance Ltd) v The Lord Chancellor (CO/5533/2015). This was described
as one of the most complex and challenging pieces of litigation ever seen and rated by The Lawyer as
one of the top 20 cases of 2016.
• R (RB) v Devon County Council and NHS Devon [2012] EWHC 3597. Defending a judicial review
against the decision of the council and NHS Devon to appoint Virgin Care as preferred bidder for the
delivery of integrated children's services. Based on allegations of failure to consult and to discharge
Public Sector Equality Duty.
• Advising Bristol Clinical Commissioning Group in relation to a judicial review issued by a local action
group ("Protect our NHS") challenging the arrangements in place at the CCG to ensure public and
patient involvement in decision making under s.14Z2 of the NHS Act. The claim was settled following
agreement by the CCG to make some technical changes to its published policy documents and
constitution.
• Acting for Bristol Primary Care Trust in a judicial review brought by their incumbent provider of GP out of
hours services to the decision to transfer the services to a new provider following a procurement process.
An application for an injunction to halt the transfer was issued only two weeks before the transfer date
and an urgent hearing was listed, requiring an intense period of work to prepare evidence and
submissions for trial. The claim was dismissed at the hearing enabling the service to transfer smoothly.
• R (City Council of Bristol) v Secretary of State for Communities and Local Government and Viridor
Waste Management Limited. Obtaining judgment for Viridor in a claim for judicial review and a Section
288 challenge in relation to a £200 million+ Resource Recovery Centre to recycle and then process
waste at a Materials Recycling Facility and an Energy from Waste plant.

3. • Ardley against Incinerator v Secretary of State for Communities and Local Government and Viridor
Waste Management Limited [2011] EWHC 2230. Obtaining judgment for Viridor in a Section 288
challenge in relation to an EfW plant in Oxfordshire.
• R (Blackburn with Darwen Borough Council and Ors) v the Secretary of State for Communities and Local
Government (Defendant) and the Secretary of State for Communities and Local Government (Interested
Party). Acting on behalf of 30 local authorities challenging the decision of the Secretaries of State to
reduce funding for Revenue Support Grant.
• R (Luton Borough Council and Ors) v the Secretary of State for Education [2011] EWHC 217 (Admin).
Acting on behalf of Sandwell MBC to successfully challenge the decision to stop funding for the Building
Schools for the Future scheme. The challenge succeeded on procedural grounds including breach of
duties under disability and equality legislation, fettering of discretion and breach of the duty to consult.
Described by The Lawyer Magazine as one of the top 20 cases of 2011.
• Acting for a payroll bureau in a judicial review against HMRC involving “an important general question of
principle for the labour market” including representing the client in the Court of Appeal R (Oriel Support
Limited) v HMRC [2009] EWCA Civ 401.
Fraud and follow on actions
• AM Todd Company Limited v Ian Kelsey and Susan Kelsey. Upon discovery of an extensive VAT fraud
we obtained urgent freezing, disclosure and passport orders to ring-fence the fraud and evidence the
claim, secured judgment swiftly and recovered considerable losses for our client.
• Advising a financial services client upon the discovery of a significant breach of data security. Obtaining
emergency (a) search (b) entry (c) seizure (d) disclosure orders we prevented further dissemination.
Working with the police, the actions we took on behalf of our client earned it the praise of the regulator.
• Acting in multi-jurisdictional litigation involving allegations of secret profit and fraud brought by a Russian
oligarch, involving High Court proceedings and LCIA arbitration (Glidepath B.V. v Thompson [2005] 2 All
ER (Comm) 833).
• Acting on behalf of a Saudi Arabian client in relation to a commodities dispute with a shipping company,
challenging the failure by GAFTA Arbitrators to give reasons for their award (Al Hadha Trading v
Tradigrain S.A. [2002] 2 Lloyd’s Rep. 512).
• Representing 5 directors in the high value and complex litigation arising out of the liquidation of Bermuda
Fire & Marine Insurance Company. Defending the directors against allegations of fraud. After extensive
preparation the matter settled 8 months into the trial.
Membership of Professional Bodies
• Procurement Lawyers Association – Member of Steering Committee
• Law of Consultation Special Interest Group
Year of Admission: 1997
Qualifications:
BA Hons (2(i) in Philosophy and French with mention for spoken and written French)
Diploma in Law with Commendation
Post-graduate Diploma in Law with Commendation