‘Boris Johnson will find out on Thursday if he faces a criminal investigation into his relationship with an American businesswoman while he was mayor of London.’
The Guardian, 20th May 2020
Source: www.theguardian.com
‘The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274). The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted. Written by Jonathan Lewis, barrister, at Henderson Chambers.’
Henderson Chambers, 9th January 2020
Source: www.hendersonchambers.co.uk
‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’
Monckton Chambers, 16th October 2019
Source: www.monckton.com
‘In Amey Highways Ltd v West Sussex Highways [2019] EWHC 1291 (TCC), Stuart SmithJ held that a contracting authority’s decision to abandon a procurement following a challenge brought by a disappointed tenderer does not automatically extinguish that tenderer’s claim for damages.’
Henderson Chambers, 25th June 2019
Source: www.hendersonchambers.co.uk
‘Kenson Contractors v Haringey LBC (2019) EWHC 1230 (Admin) was an application made by the Claimant contractor, for an interim injunction against the Council to suspend its decision to award or execute a road-improvement contract to the Interested Party, Marlborough Highways Limited (“MHL”). Kenson came second in the procurement exercise for that contract and MHL came first. Because of the value of the contract (some £630,000 plus VAT) this procurement exercise was well below the threshold for the operation of the otherwise relevant parts of the Public Contracts Regulations 2015. The underlying claim was brought by way of judicial review (“JR”) of the Council’s decision to award the contract to MHL rather than Kenson.’
Local Government Law, 22nd May 2019
Source: local-government-law.11kbw.com
‘The government is facing a court challenge over the contracts it awarded to three shipping firms as part of its no-deal Brexit preparations.’
BBC News, 1st March 2019
Source: www.bbc.co.uk
‘The government is being sued for its decision to charter firms to run extra ferries, including one with no ships, in the event of a no-deal Brexit.’
BbC News, 12th February 2019
Source: www.bbc.co.uk
‘Freedom of information (FOI) laws should be updated to account for the risks to transparency and accountability in the performance of public services where they are outsourced to businesses, the UK’s information commissioner has said.’
OUT-LAW.com, 1st February 2019
Source: www.out-law.com
‘The accountancy regulator should adopt a more open procurement policy when tendering for legal and professional services, a review assessing its clout has found.’
Law Society's Gazette, 18th December 2018
Source: www.lawgazette.co.uk
‘This case somewhat starkly makes clear that where the automatic suspension of a public procurement process is preventing the putting in place of a key public service, it is very unlikely that the court will refuse to lift the suspension on American Cyanamid principles (ACPs). The case also makes clear that challengers cannot assume that commercial confidentiality will be enforced by way of private hearings in public procurement disputes. Written by Adam Heppinstall, barrister at Henderson Chambers.’
Henderson Chambers, 11th December 2018
Source: www.hendersonchambers.co.uk
‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’
11 KBW, 15th November 2018
Source: www.11kbw.com
‘Stuart-Smith J’s judgment in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council provides helpful guidance on how not to conduct moderation meetings and highlights the defendant’s failure to provide adequate reasons for its decision making. What it does not provide is a finding on who deserved to win the contract.’
Practical Law: Construction Blog, 16th July 2018
‘The Home Office has been accused of running a “masterclass in incompetence” over its attempts to improve the criminal records checking scheme.’
The Guardian, 25th May 2018
Source: www.theguardian.com
“It’s not difficult to imagine what would happen if the government announced that it could not guarantee services for, say, something like diabetes. There would be an outcry, ministers would be hauled before parliament to answer questions and would face being skewered on Newsnight. And quite rightly so. In contrast, though, the Legal Aid Agency (LAA) announced this week that it is abandoning the procurement process for education and discrimination law advice, leaving a question mark over the continued provision of these services. So far there has been little or no furore over this decision.”
Legal Action, February 2018
Source: www.lag.org.uk
‘The Ministry of Justice’s programme to introduce the next generation of satellite tracking tags for offenders has been “fundamentally flawed” and proved “a catastrophic waste of public money”, MPs have concluded.’
The Guardian, 24th January 2018
Source: www.guardian.co.uk
‘The Independent Children’s Homes Association (ICHA) has warned that a legal challenge to local authority procurement of care places is possible without radical reform of the current system.’
Local Government Lawyer, 13th December 2017
Source: www.localgovernmentlawyer.co.uk
‘R (Hersi & Co) v Lord Chancellor (2017) EWHC 2667 (TCC) is concerned with the defendant’s conduct of a public procurement exercise for the award of contracts to provide publicly-funded legal services relating to immigration and asylum and mental health work.’
Local Government Law, 1st November 2017
Source: local-government-law.11kbw.com
‘The parties to procurement challenges are required to act quickly and in accordance with a strict timetable. When a losing bidder issues a claim, it must serve the claim form on the defendant within seven days after the date of issue. Pursuant to CPR 7.4(2), the particulars of claim are to be served no later than the latest time for serving the claim form. That is, they must also be served within seven days after the date of issue.’
Practical Law: Construction Blog, 18th October 2017
‘The Technology and Construction Court has published a guidance note on procedures for and the management of public procurement cases.’
Source: www.localgovernmentlawyer.co.uk
‘In yet another Alstom Transport UK Limited v London Underground Ltd (2017) EWHC 1521 (TCC) the Defendants applied to lift an automatic suspension on contract making imposed by the Utilities Contracts Regulations 2006.’
Local Government Law, 28th June 2017
Source: local-government-law.11kbw.com
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