Jan Cumming

Legal Director @Browne Jacobson

Birmingham, GB

I am a public sector commercial and governance lawyer in Browne Jacobson’s Birmingham office. I specialise in public procurement (contentious and non-contentious), commercialisation (including trading powers, joint ventures, and Teckal companies), and governance (including governance of local authority trading companies and shared services).I work with public sector clients to achieve their commercial goals in an efficient, legally-compliant way with the right governance and minimising the risk of challenge. Having worked in the public sector, I understand the challenges facing the public sector and the wider issues that will impact a project and its delivery. I advise on procurement (including disputes), contract management and poor supplier performance, outsourcing (including the commercial contract, LGPS admissions and exits), shared services and delegation of functions, collaborative procurement, local authority trading companies, joint ventures, and lawful decision-making.I advise relevant authorities (NHS bodies and local authorities in relation to their public health functions) in responding to representations (challenges) made under the Provider Selection Regime, including when under review by the Independent Patient Choice and Procurement Panel.I advise contracting authorities on the impact of the Procurement Act 2023 (when it goes live) on their existing contracts (which will still fall to be modified under the PCR2015), upcoming procurement and resolution of contractual disputes.I advise on the procurement, subsidy and other implications of direct award of development contracts. I advise on the provision of leisure operating services on an agency basis to benefit from the local authorities’ favourable VAT status with the activity as a non-business activity, including the procurement implications of varying existing contracts. I advise on the governance and getting the most from wholly owned local authority companies.

University of Auckland

Bachelor of Laws with Honours (LLB(HONS), Bachelor of Arts (BA))

The Law Society

Diploma in Local Government Law and Practice, Local Government Law and Practice