Holtham, Rhiannon


  Cardiff, Wales
 +029 2055 7560
 +0118 939 5772
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I specialise in procurement, joint working arrangements/PPPs and commercial work, acting for a variety of organisations across the public, private and third sector.

I have a proven track record in generating excellent and longstanding working relationships with clients, some of whom I have worked with since joining Clarkslegal in 2005. The key is getting to know my client, being accessible and identifying a client’s aims and objectives, pressure points and timescales – this enables me to understand an organisation’s drivers and to provide the best service possible. It is genuinely exciting and rewarding to know that, through working with and advising a client, a more competitive offering or better terms have been secured.

I frequently deliver training and seminars on behalf of third party organisations, such as, the Chartered Institution for Wastes Management (CIWM) and the Royal Institution of Chartered Surveyors. Topics cover a variety of legal areas including procurement, environmental law, information laws, commercial and IT/IP issues.

Procurement and outsourcing

Since joining Clarkslegal in 2005, I have seen a vast amount of change in the legal arena.  The legal landscape applying to the procurement process continues to change, whether by way of EU directives, domestic legislation, case law or guidance.  I ensure that my clients, who are subject to the procurement rules and regulations, undertake procurement processes that are efficient, cost effective and legally compliant from inception to contract award and post completion of the contract.

I have supported numerous clients in formulating their procurement strategy. I also assist clients in their early (pre-commencement of the procurement process) engagement with the market, which can be useful in terms of informing and developing procurement strategy. I am experienced in all of the procurement processes and I draft and advise on all associated tender and contractual documentation including the selection and evaluation methodology to be applied and post award contract variations.

I also advise clients on the application of the procurement rules and regulations to an organisation’s works and/or services offering, and I provide legal advice and support to organisations tendering for a public contract.  I ensure a client’s conduct and submission is in line with the contracting authority’s instructions and as competitive as possible with factors, such as, the evaluation criteria, in mind.   

Governance and joint working arrangements

I advise public and private sector clients in respect of their governance or collaboration arrangements.  For clients subject to procurement rules and regulations, often linked to the procurement process is the joint working arrangement between contracting authorities.

These joint working arrangements, for clients from all sectors, are key as they ensure each party’s rights and obligations are formalised, and I generally prepare or advise on memorandums of understanding, collaboration agreements and inter authority agreements to capture the principles agreed by the parties.

I also advise on the creation of committee, joint committee and subcommittee arrangements and processes, and I draft associated documentation.  When advising local authority clients, I ensure any joint committee is created and the constitution is drafted in accordance with statutory requirements.

Commercial and contractual law

I have extensive experience of drafting and negotiating a variety of contractual arrangements for a broad spectrum of clients. These include concession agreements, exclusivity agreements, pre-exclusivity agreements, non-disclosure agreements, novation agreements, variation agreements, collateral warranties, agreements for the supply of goods and services, parent company guarantees and performance bonds.

I have also prepared standard contracts for repeated future use, and standard form documentation in collaboration with external organisations such as CIWM and the Welsh Government.  Standardised contracts can provide significant benefits to the user in terms of presenting a contract that is generally acceptable to the market.  For example, the standard contract prepared in association with CIWM is used by local authorities throughout England and Wales, and (with minor amendment) can be used on a business to business basis. 

In addition, I offer business focussed advice via a subsidiary of Clarkslegal, Forbury Business Club, which provides new businesses (registered in England and Wales) with legal services that are easy to access.

Education

Education law is an interesting and complex subject matter. I assist our public sector clients on matters relating to both informal and formal consultations, school reorganisations, federated schools, and the content of reports to Executive Committees and devolved government.

I also act on behalf of a number of higher education institutions, providing advice on a variety of matters focussing on commercial, procurement and outsourcing matters.

Information laws

Before joining Clarkslegal in 2005, I worked in-house for a local authority as a solicitor and the Freedom of Information officer. I trained all senior officers and politicians and drafted associated policy documentation. Since joining Clarkslegal, I have continued to advise clients on their obligations in respect of responding to written requests for information in accordance with the Freedom of information Act and Environmental Information Regulations.