Michael Bowsher
Michael Bowsher KC has a busy practice in public procurement, competition and commercial law, particularly in disputes concerning major public and public-private projects. He is particularly known for his unique practice in government and utility procurement in the United Kingdom, Ireland, elsewhere in Europe and beyond.
Michael Bowsher KC has appeared as counsel in many of the major procurement cases over more than a decade. His contentious practice is complemented by a substantial practice in providing legal and strategic advice for bidders and purchasers throughout the procurement process.
Michael has also has a busy competition law practice. He has acted in a number of recent matters involving essential facilities, competition in payment systems and now acting as leading counsel in a number of collective proceedings brought in the CAT.
In recent years Michael has become increasingly involved in matters involving application and interpretation of investment treaties and trade agreements as well as a range of matters involving the law of Outer Space and its application to the challenges of the commercial exploitation of Space.
Michael continues his active practice in construction and commercial matters which he has continued since his long period as a member of one of the leading construction sets of chambers.
He is active in arbitration and is a Chartered Arbitrator. He is also active as mediator and expert in institutional and ad hoc procedures. Most of his appointments as arbitrator involve disputes concerning investments or long term contracts involving the public sector or utilities. He has recently been involved in a number procedures involving disputes in the operation of the NHS.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1985
Year Taken Silk
- 2006
Experience
- King’s College London, Visiting Professor (2013 - 2023)
- Keating Chambers (1992 - 2001)
- Cleary Gottlieb, Brussels (1988 - 1992)
Membership
- International Institute of Space Law (IISL) member (2023)
- Liveryman, Worshipful Company of Arbitrators
- Chartered Institute of Arbitrators, Fellow; Chartered Arbitrator
- Middle Temple, Bencher
Qualification
- BA
Education
- Oxford University (1984)
9 Contributions by Michael Bowsher
PRACTICE NOTES
Anti-bribery and corruption clauses in public sector contracts: drafting, exclusion and termination under the Bribery Act 2010 and the evolving procurement regime (PCR 2015 to Procurement Act 2023)
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have taken effect. Procurements launched on or after that date must follow PA 2023, while those started under earlier regimes (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and managed under those rules. The Cabinet Office has also refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid-Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to reflect these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for Procurement Act 2023 ‘go-live’—LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard contracts—LNB News 28/04/2025 36.
Boilerplate provisions in public sector contracts
This Practice Note examines the inclusion, scope and operation of prevention of corruption and bribery clauses within public sector contracts...
Commercial
PRACTICE NOTES
Boilerplate in public sector contracts: drafting to reflect legal powers, Procurement Act 2023 reforms, PPNs on SME access, remedies, and use of government standard contract templates
STOP PRESS
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have come into effect. Any procurement launched on or after that date must follow PA 2023, whereas those started under the prior regime must continue to be run and overseen under that framework.
Earlier legislation includes:
Public Contracts Regulations 2015
Utilities Contracts Regulations 2016
Concession Contracts Regulations 2016
Defence and Security Public Contracts Regulations 2011
The Cabinet Office has also refreshed its standard contract document collections, templates and guidance for the government’s Model Services Contract, Mid-Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025.
This Practice Note will be revised shortly to reflect these changes. In the meantime, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for Procurement Act 2023 ‘go-live’—LNB News 24/02/2025 29 and Cabinet Office updates PPN 013: Using standard contracts—LNB News 28/04/2025 36.
Nature of boilerplate provisions in public sector contracts
Lawyers work across a broad spectrum of transactions, yet each, in some fashion, depends on written agreements...
Commercial
PRACTICE NOTES
Drafting anti-discrimination clauses in public sector contracts: Equality Act 2010, PSED, Procurement Act 2023 and model terms (England, Scotland and Wales)
STOP PRESS
As at 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have commenced. Competitions launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered in line with those rules, including:
Public Contracts Regulations 2015
Utilities Contracts Regulations 2016
Concession Contracts Regulations 2016
Defence and Security Public Contracts Regulations 2011
The Cabinet Office has also refreshed its standard contract document collections, templates and guidance for the government’s Model Services Contract, Mid-Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025.
This Practice Note will be revised shortly to reflect these developments. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for Procurement Act 2023 ‘go-live’—LNB News 24/02/2025 29 and Cabinet Office updates PPN 013: Using standard contracts—LNB News 28/04/2025 36.
Boilerplate provisions in public sector contracts
This Practice Note examines equality and anti-discrimination clauses in public sector contracts...
Commercial
PRACTICE NOTES
Drafting audit clauses in public sector contracts: Procurement Act 2023 context, audit bodies, and government model contract provisions
Boilerplate provisions in public sector contracts
This Practice Note examines audit clauses within public sector agreements. For additional insight into what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations.
Public procurement reform
The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 (PA 2023). See: Procurement Bill [HL]—LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent—LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements initiated on or after that date must proceed under PA 2023. The existing public procurement regime—including the Public Contracts Regulations 2015 (PCR 2015) and Procurement Practice Notes (PPNs), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—and/or those governed by other statute(s) (such as health care procurements) continue to apply to procurements that had already begun when the PA 2023 framework took effect...
Commercial
PRACTICE NOTES
Drafting health and safety clauses in public sector contracts: obligations, compliance and model government contract references under the Procurement Act 2023
STOP PRESS
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have taken effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced under the earlier regime (Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under those rules.
The Cabinet Office has refreshed its suites of standard contract documents, templates and guidance for the government’s Model Services Contract, Mid‑Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 “go‑live” on 24 February 2025. This Practice Note will be revised shortly to take account of these changes.
For further detail, see: News Analysis: Procurement Act 2023 “go live”—what happens next?, and Government model contracts updated for Procurement Act 2023 “go‑live”—LNB News 24/02/2025 29 and Cabinet Office updates PPN 013: Using standard contracts—LNB News 28/04/2025 36.
Boilerplate provisions in public sector contracts
This Practice Note considers the inclusion of health and safety clauses within public sector contracts...
Commercial
PRACTICE NOTES
Freedom of information boilerplate in public sector contracts: drafting, compliance, and references to government model contracts under the Procurement Act 2023
Boilerplate provisions in public sector contracts
This Practice Note examines freedom of information clauses in public sector contracts. For further detail on what contracting authorities and other interested parties should be aware of when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations.
Public procurement reform
The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 (PA 2023). See: Procurement Bill [HL]—LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent—LNB News 26/10/2023 81.
From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements commenced on or after that date must proceed under PA 2023. Earlier procurements remain governed by the existing public procurement framework, including:
Public Contracts Regulations 2015 (PCR 2015) and Procurement Practice Notes (PPNs)
Utilities Contracts Regulations 2016
Concession Contracts Regulations 2016
Defence and Security Public Contracts Regulations 2011
Other procurements conducted under separate statutory regimes (for example, health care procurements) continue to be regulated by those provisions where the process had already begun when the PA 2023 regime took effect...
Commercial
PRACTICE NOTES
Human rights clauses in public sector contracts: HRA 1998/ECHR compliance, supplier obligations and their placement in government model contracts (Procurement Act 2023 context)
STOP PRESS
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those initiated under earlier regimes must continue to be run and managed under those rules, including:
Public Contracts Regulations 2015
Utilities Contracts Regulations 2016
Concession Contracts Regulations 2016
Defence and Security Public Contracts Regulations 2011
The Cabinet Office has also refreshed its standard contract document suites, templates and guidance for the government’s Model Services Contract, Mid‑Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go‑live’ on 24 February 2025.
This Practice Note will be updated shortly to reflect these changes. In the meantime, see:
News Analysis: Procurement Act 2023 ‘go live’—what happens next?
Government model contracts updated for Procurement Act 2023 ‘go‑live’—LNB News 24/02/2025 29
Cabinet Office updates PPN 013: Using standard contracts—LNB News 28/04/2025 36
Boilerplate provisions in public sector contracts
This Practice Note considers human rights clauses in public sector contracts...
Commercial
PRACTICE NOTES
Insurance provisions in public sector contracts: boilerplate drafting, risk allocation and model government terms amid Procurement Act 2023 transition
STOP PRESS
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered under those rules, including:
Public Contracts Regulations 2015
Utilities Contracts Regulations 2016
Concession Contracts Regulations 2016
Defence and Security Public Contracts Regulations 2011
The Cabinet Office has refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid-Tier Contract and Short Form Contract, issued alongside the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to capture these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, Government model contracts updated for Procurement Act 2023 ‘go-live’—LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard contracts—LNB News 28/04/2025 36.
Using boilerplate provisions in public sector contracts
This Practice Note considers insurance provisions in public sector contracts...
Commercial
PRACTICE NOTES
Public sector set-off clauses: recovering sums due, drafting considerations, and clause references across Model Services, Mid-Tier, Short Form, Public Sector and NHS contracts (Procurement Act 2023 updates)
STOP PRESS:
With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now operative. Procurement exercises launched on or after that date must, without exception, proceed under PA 2023, whereas those initiated under the previous regime—including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be procured, administered and managed in accordance with that legislation. The Cabinet Office has likewise refreshed and republished its collections of standard contract documents, templates and guidance materials for the government’s Model Services Contract, Mid‑Tier Contract and Short Form Contract. These revised materials were issued in tandem with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect and incorporate these developments. In the meantime, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for Procurement Act 2023 ‘go‑live’—LNB News 24/02/2025 29 and Cabinet Office updates PPN 013: Using standard contracts—LNB News 28/04/2025 36.
Boilerplate provisions in public sector contracts
This Practice Note considers the recovery of sums due clauses in public sector contracts...
Commercial
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