Atamis and Capital Law Spotlight Procurement Risk Under New UK Legislation

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Atamis and Capital Law Spotlight Procurement Risk Under New UK Legislation

FinTech Wales members Atamis and Capital Law are highlighting the importance of managing legal risk in procurement as organisations adapt to the UK’s new Procurement Act.

In the latest episode of Powering Procurement, hosted by Atamis, Nicola Cullen and Tom Beard of Capital Law share practical insights into how procurement teams can strengthen compliance and reduce exposure to challenge.

Drawing on their respective experience in non-contentious procurement advisory work and procurement disputes, Cullen and Beard explore what has changed under the new legislation. Key developments include streamlined procedures, enhanced transparency requirements, and an increased administrative burden associated with procurement notices.

A central theme of the discussion is the importance of early-stage procurement design. As Cullen explains, “Your design of your ITT and evaluation criteria is locking in risk. Once it’s published, your hands are tied.” This reinforces the need for careful planning before procurement documents are issued.

The episode also challenges common misconceptions around legal compliance. While fairness is often seen as a guiding principle, Cullen and Beard emphasise that it does not always equate to legal safety. Vague evaluation criteria, unclear Invitations to Tender (ITTs), and weak contract management can all increase the risk of legal challenge.

Through anonymised examples from live procurement processes, the speakers illustrate how these risks can materialise in practice and how they can be mitigated through stronger alignment between legal and procurement teams.

Looking ahead, the discussion considers the role of artificial intelligence in procurement. While AI has the potential to enhance efficiency and insight, the speakers highlight the importance of maintaining transparency, accountability and robust audit trails.

The episode concludes with a reflection on the future of procurement, noting rising capability across the profession and a growing opportunity for closer collaboration between legal and procurement specialists.

As members of Fintech Wales, Atamis and Capital Law’s collaboration on this episode demonstrates the value of bringing together technology and legal expertise to support organisations navigating procurement reform.

Watch and listen: