Legal Guidance and Research / Experts / Henna Malik
Henna Malik#6339

Henna Malik

Bird & Bird
I am an associate in Bird & Birds public sector projects team within Bird & Bird's Commercial department, supporting clients in the public and private sectors on commercial transactions and relationships.

I specialise in providing pragmatic and strategic advice to public and private sector clients in relation to a number of issues including:

  • achieving successful procurement outcomes by assisting public authorities with designing and running complex procurement procedures;

  • advising bidders on putting their best foot forward in a procurement procedure, including drafting clarification questions and where necessary whether there may be merit in challenging a public authority decision;

  • collaboration activities including joint ventures between the public sector and between the public and private sectors;

  • public sector commercialisation activities including setting up and running trading vehicles;

  • advising on the formation of Teckal companies and group company reorganisation;

  • implementing sustainability and social value initiatives;

  • complying with best value obligations and complying with the fiduciary duty to achieve value for money.

I also regularly advise on interpreting legislation including vires (whether a public body has the power to carry out an activity), State aid and subsidy control assessments, risks associated with non-compliance of conditions of contracts including grant funding applications, and a variety of issues pertaining to public and administrative law including potential judicial review grounds.

My approach in advising clients is to first understand what my client is trying to achieve and then work with them to implement the solution.

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 2019

Experience

  • Trowers & Hamlins (2016 - 2022)

Membership

  • Procurement Lawyers’ Association

Qualifications

  • LLB (2015)
  • LPC MSc (2016)

Education

  • Brunel University (2012-2015)
  • University of Law (2015-2016)

1 Contributions by Henna Malik

Social value in public procurement: duties, scope and evaluation under the Social Value Act 2012, PCR 2015 and PPN 06/20, with Procurement Act 2023 commencement
PRACTICE NOTES
Social value in public procurement: duties, scope and evaluation under the Social Value Act 2012, PCR 2015 and PPN 06/20, with Procurement Act 2023 commencement
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the earlier regimes—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 run and administered in line with those rules. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and are therefore 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, consult Practice Note: Assimilated law. The Public Services (Social Value) Act 2012 (PS(SV)A 2012), also known as the Social Value Act, requires public authorities to look beyond cost when commissioning or procuring services, and to consider how they can secure positive economic, social and/or environmental outcomes through the commissioning or procurement process...
Local Government
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