Jan Cumming
Legal Director
Birmingham
jan.cumming@brownejacobson.com
+44 (0)330 045 2189
Jan is a public sector commercial and governance lawyer in our Birmingham office. Jan specialises in public procurement under the Procurement Act 2023 and the Provider Selection Regime (litigious and non-litigious), commercialisation (including trading powers, joint ventures, and Teckal companies), and governance (including governance of local authority trading companies and shared services).
Jan helps public sector clients achieve their commercial goals in an efficient, legally-compliant way with the right governance and minimising the risk of challenge. Jan advises 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. Jan has supported the public sector on the commercial contracts for leisure, temporary accommodation, waste and hosted services. Jan has acted on a significant number of leisure agency arrangements. Jan has expertise on the Provider Selection Regime and has advised a large number of local authorities, ICBs and NHS Trusts on the procurement of health care services and dealing with supplier representations.
Prior to joining Browne Jacobson, Jan’s extensive experience included leading the commercial and contracts team in-house at a County Council where she held a complex case-load of high value commercial contracts and procurements (including procurement challenges). Having first qualified in New Zealand and then Australia, Jan has also advised both the New Zealand government and Australian Commonwealth Government on administrative decision-making and governance. Having worked in the public sector, Jan understands the challenges facing the public sector and is aware of the wider issues that will impact a project and its delivery.
Related expertise
Featured experience
Leisure agency variation
Jan advised on the variation of a leisure contract to appoint the outsourced provider as the Council’s agent so that it would be a non-business activity, resulting in significant VAT savings. Jan advised on compliance with procurement law, and ensured the contract reflected the HMRC recognised agency factors.
Provider Selection Regime procurement
Jan advised an Integrated Care Board on a multi-million-pound health care services procurement, including advising on dealing with supplier representations and review by the Independent Patient Choice and Procurement Panel.
Framework for temporary accommodation
Jan advised on the procurement of temporary accommodation and drafted a framework with a value over £300million. Jan ensured the Council had the maximum possible flexibility to reduce homelessness.
Testimonials
“The support that we received from Jan was exceptional. Jan shouldered significant burden through drawn out and complex negotiations. Jan was considered an integral member of our team not simply a professional giving advice at arms’ length.”
“Jan is tenacious … the sort of lawyer you want on your side.”
“Jan is clear, piercing in her advice, really pragmatic and can-do and brings enormous knowledge and skill. Jan always calls it straight and gives good, strong advice for what we need to be doing.”