Allan Wilson Partner
“Clients benefit from his professional approach, detailed advice and good knowledge of public policy.”
Allan is a partner and leads the Cardiff Litigation and Dispute Resolution team as well as the contentious procurement capability across Blake Morgan. He has extensive experience of advising public sector clients, including Government departments and Welsh Ministers, NHS England and the Health Boards in Wales, local authorities, Trust Ports and Housing Associations, particularly in relation to judicial review and procurement challenges.
He also has considerable experience of substantial and often high profile, media sensitive disputes and has dealt with commercial clients in the banking, manufacturing, construction, forestry, funeral services, information technology, communication systems, transportation and professional sports fields to name a few. He has also advised in relation to major pensions litigation.
His work has included securing and defending injunctions of all types, including delivery up orders for business critical items and particularly freezing orders and search and seize orders. He has acted as an Independent Supervising Solicitor for the purposes of enforcing search and seize orders.
He often gives advice on methods of preventing disputes or how to minimise their effects, particularly in the context of contract termination and he advises on the tactics to be adopted in pre-litigation situations, specifically to deal with reputational protection.
Allan is a qualified Mediator and is a member of the Legal Practice Course Advisory Board at Cardiff University, as well as an external examiner for Cardiff University’s Expert Witness Accreditation Scheme.
Main areas of practice
Allan's main areas of practice centre on giving advice to clients, bringing or defending procurement challenges under the various public contracts regulations and defending often high profile, media sensitive claims for judicial review, particularly in the health sector.
Allan's clients include Welsh Ministers, local authority procurement teams, NHS England and all Welsh Health Boards, all of Allan's clients have benefitted from his input when facing claims of significant value or sensitivity.
- Allan advised the seven Welsh Health Boards on proceedings brought against them by a number of care home providers challenging payments made to them for Funded Nursing Care. The care homes were supported by 21 of the 22 Local Authorities in Wales and the case went to the Supreme Court on 26 April 2017. The Judgment will have ramifications for all care homes and patients in receipt of funded nursing care in both England and Wales (see Forge Care Homes and Others –v- Cardiff and Vale University Health Board and others).
- Allan advised NHS England in relation to a challenge brought by the Hepatitis C Trust, seeking to quash NHS England's decision to implement recommendations as to the use of three new drugs to treat hepatitis C made by the National Institute for Health and Care Excellence ("NICE"). The recommendations were the first ever to require prioritisation of treatment to those with the highest unmet clinical need. The Court rejected the claim, concluding NHS England's approach represented a rational way of identifying those to whom treatment should be given as a priority. (see R(oao) Hepatitis C Trust –v- National Health Services Commissioning Board).
- Allan advised a local authority in receipt of a procurement challenge to the award of a 10 year contract for building supplies, where allegations were made of discrimination and unfair treatment, as well as manifest errors. Matters were resolved through mediation.
- Allan advised the developer of a proposed gas-fired power station to be built in the North of England in relation to a multi-million pound claim concerning its contractual obligations to proceed with construction and secure statutory consents for the project. The threat of proceedings was successfully removed.
- Allan has also handled proceedings before the Information Tribunal concerning the Environmental Information Regulations and he has advised regarding requests under the Freedom of Information Act.
“Allan Wilson is very experienced and is recommended for procurement challenges and judicial review proceedings; notable clients include the Welsh Health Boards, and the Welsh government.”
“Allan is highly regarded by market sources as 'a very strong litigator'.”
Articles by Allan
Our team represented a client in the Supreme Court where a judgment was handed down.
In this case the NDA's failed to award Energy Solutions a contract despite them being the most economically advantageous tenderer. The High Court has delivered a judgment that they are entitled to damages from the NDA.
Following a recent decision by Mr Justice Blake, Interested Parties in judicial review proceedings may be concerned that the courts are more likely to make costs orders against them in the future where challenges fail.
Related Knowledge & Resources
Coutts, Cushman & Wakefield and Blake Morgan jointly hosted a healthcare economic review lunch at Coutts' offices on The Strand on 13 September 2017 which was attended by a host of clients, operators and advisors.
In HR Magazine, Holly Cudbill, considers the vexed question of whether employees who undertake sleep-in shifts are entitled to the national minimum wage (NMW) throughout the entire time they are asleep, or only when they are awake to carry out duties.
Emyr Lewis discusses the Public Health (Wales) Act in this article for Lexis Nexis. This article was first published on Lexis Nexis on 26 July 2017.
Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.
Blake Morgan's guide to the costs of Mediation.
Our Dispute Resolution team guide you through the options for funding commercial disputes.