Catherine Wolfenden

Osborne Clarke

Catherine is head of Osborne Clarke's Regulatory Group and is a Partner in our Commercial and Regulatory Disputes team. Her practice is focused on advising clients on EU and UK business regulation, regulatory investigations, crisis management, enforcement and prosecutions. She advises on dealing with economic regulators as well as the full range of other UK and EU regulatory bodies. She is a recognised expert in public and utilities regulated procurement and advises on all aspects of the procurement process. Her clients include suppliers, public bodies and utilities. Catherine has also been involved in some of the leading UK High Court procurement challenges and advises on challenging EU institution procurements in Luxembourg. .Catherine qualified as a lawyer in 2001 at Freshfields, qualified as a solicitor advocate in 2004 and has been a Partner at Osborne Clarke since 2011.

Practice Areas

Panel

Contributing Author

Qualified Year

2001

Membership

Health and Safety Lawyers Association
Procurement Lawyers Association
Law Society

Qualifications

BSc Biological Sciences- First
MSc, Biology
CPE, LPC

Education

York University, Toronto 1995-1996
The College of Law, London 1997-1999
Oxford University 1992-1995

3 Contributions by Catherine Wolfenden

PRACTICE NOTES

Implementing sustainable procurement under Directive 2014/24/EU: technical specifications, labels, selection and MEAT award criteria, life-cycle costing and performance conditions, plus sector-specific EU green procurement requirements

This Practice Note provides guidance on putting sustainable procurement into practice under Directive 2014/24/EU. It outlines key methods, including using labels within technical specifications and carrying out sustainability assessments at the selection and award stages, to achieve this. It further looks at performance requirements as a means of factoring in environmental and social aspects, and highlights the use of these tools to embed such outcomes. Promoting sustainable development via public procurement Directive 2014/24/EU (the EU Public Sector Directive) derives its authority from the Treaty on the Functioning of the EU (TFEU), which mandates that environmental protection duties are integrated into the design and delivery of the EU’s policies and activities, in particular to promote sustainable development. When implementing its policies, the EU must also consider: guaranteeing adequate social protection (Article 8 TFEU) tackling discrimination and social exclusion (Article 9 TFEU) eliminating inequality (Article 10 TFEU) The EU Public Sector Directive aims to increase the efficiency of public spending, facilitate the participation of small and medium-sized enterprises (SMEs), and make better use of public procurement in support of common societal goals...

EU Law

PRACTICE NOTES

Integrating environmental and social considerations through technical specifications, selection, award and contract conditions under PCR 2015, with transition to the Procurement Act 2023 (England, Wales and Northern Ireland)

STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) have commenced. Any procurement launched on or after this date must follow PA 2023, while procurements initiated under the earlier framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen under those rules. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Promoting sustainable development via public procurement Historical EU context The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, implemented Directive 2014/24/EU, the EU Public Contracts Directive, in England, Wales and Northern Ireland. This continues to be relevant as assimilated law following the commencement of the Retained EU Law (Revocation and Reform) Act 2023. See Practice Note: Assimilated law...

Local Government

CHECKLISTS

Sustainable public procurement checklist under PCR 2015: specifications, eco-labels, selection, award and performance criteria; Procurement Act 2023 commencement noted

STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Procurements initiated on or after that date must proceed under PA 2023, while those started under the former regime—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and administered in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law...