Expertise
Clare has for many years dealt with a wide range of contractual and public law disputes in the public and private sector. She has dealt with disputes in the Courts (including judicial review) and in arbitration, and through specialist dispute resolution mechanisms such as those used in the rail sector. Clare was one of the first in the firm to use mediation to resolve disputes, and regularly acts as an advocate for clients in mediations, as well as being an accredited mediator. Clare's clients include many in the public sector, together with manufacturers, retailers and service providers. She has experience of sectors including health services, rail transport, legal services, and manufacturing.
- Experience
Clare's recent experience includes
- advising on and acting in challenges to, and defence of, the public procurement of services and projects, including in relation to the public health sector, the rail industry and for local government. These include the reported cases of AEW v Basingstoke BDC (2019) and Cemex v Network Rail (2017).
- acting for a group of NHS trusts in a challenge to the rating of hospital premises, on the basis that they could qualify for charitable rate relief, at both first instance and on appeal
- acting as an advocate at rail access dispute adjudications under the Access Disputes Resolution Rules of the Network Code, in appeals to the Office of Rail and Road and regularly advising on issues concerning the Network Code, including network change under Part G and timetable challenges under Part D.
- acting in substantial rail arbitration proceedings conducted under the ADRR. These have concerned very substantial claims for compensation under Track Access Contracts, all of which have been successfully resolved.
- acting for pension scheme trustees in proceedings for rectification, and declarations.
- acting in and advising on judicial review issues, at the interface between policy, law and politics. This has included acting for a group of major NHS trusts in a potential judicial review challenge to NHS tariff pricing, and acting for a wind turbine company in a judicial review seeking to challenge a ministerial statement implementing revisions to planning practice guidance
- Languages
- French - good command
- Professional Memberships
- Procurement Lawyers' Association
- Law Society
- Member of the Circuit Commercial Court Users' Committee (Manchester and Liverpool Circuit)
Clare Dwyer
All you need to know about Procurement Reform
The Procurement Act has gained Royal Assent and is expected to become law in October 2024. It represents the most significant shake-up to procurement law and practice for a generation.
Our hub brings together in one place key resources and our insights on this crucial development.
Read our insights
AG Risk Radar for Business Disputes
Recent events have impacted almost every aspect of our lives. These are times of real challenge – but also opportunity. Download the business disputes risk radar for a snapshot of the most immediate legal risks.
DOWNLOAD THE TOOLKIT
