Cheshire East

The Government’s response to the Transforming Public Procurement consultation: what will change and what will not?

Juli Lau, Colin Ricciardiello, Beth Edwards and Natasha Barlow analyse the Government’s response to the Transforming Public Procurement consultation. Read more
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  NEWS

Jan 18, 2022

Court of Appeal overturns High Court ruling that award of £560,000 focus group contract to friends of Dominic Cummings was unlawful

The Government has won an appeal over a High Court ruling that its decision to award a £560,000 contract for the provision of focus group and communications support services during the pandemic to Public First without public notice or competition gave rise to apparent bias and was unlawful.
Jan 14, 2022

Use of VIP lanes in government PPE procurement unlawful, High Court finds

The Government's use of a fast track "VIP" lane for awarding PPE (personal protective equipment) contracts was unlawful, the High Court ruled this week.
Dec 15, 2021

High Court judge lifts automatic suspension of £400m property services framework, rules damages would be adequate remedy

A Technology and Construction Court judge has lifted the automatic suspension which arose from a challenge to a procurement by the Mayor’s Office for Policing and Crime (MOPAC).
Dec 06, 2021

Government to press ahead with procurement reforms but new regime unlikely to come into force until 2023 “at the earliest”

The Cabinet Office has published the Government’s much-anticipated response to its Transforming Public Procurement consultation, claiming that overall levels of support for its reforms were high.
Dec 02, 2021

Council-owned waste business secures judgment for £460k over refuse removal contract

A waste company wholly-owned by Neath Port Talbot Borough Council has been awarded damages exceeding £460,000 against a firm it contracted to remove waste from its refuse sites.
Nov 23, 2021

County council “breached procurement law in two cases”, external auditor finds

Cambridgeshire County Council is likely to have breached procurement law in two cases in 2017/18, which left it open to legal challenge, legal advice received by the local authority’s then external auditor BDO has said.
Nov 18, 2021

Law firm appoints senior procurement consultant to its “near-legal” public procurement offering

TLT has appointed Heidi Parker, who was previously responsible for all procurement matters and compliance at Cambridge City Council and the Cambridgeshire and Peterborough Combined Authority, as a senior procurement consultant.
Nov 17, 2021

Welsh health board secures summary dismissal of procurement claim over award for mental health sanctuary service

Bidders can no longer sue in England and Wales for breach of general principles of European Union law governing the award of below-threshold contracts, the High Court has ruled.
Oct 25, 2021

Cabinet Office issues policy note on payment in procurement of major government contracts

The Cabinet Office has issued an updated procurement policy note on taking account of a bidder’s approach to payment in the procurement of major government contracts.
Oct 07, 2021

Water park dispute results in legal action from Council

Scarborough Borough Council is to take legal action in an £800,000 dispute over a local water park.
Oct 07, 2021

Search of personal documents of former Health and Social Care Secretary to be carried out, to challenge contract awards to Abingdon Health

Mr Justice Fraser has ordered a search of former Health and Social Care Secretary Matt Hancock’s personal emails and social media apps.

  FEATURES AND ANALYSIS

January 04, 2022

Time limits for commencing proceedings in procurement challenges

Colin Ricciardiello discusses a landmark procurement challenge judgment on the time limit for commencing proceedings.
December 22, 2021

Have you gotta have faith?

Scott Mounfield explores the concept of good faith in the context of construction contracts for public bodies, and what the recent decision in Van Oord Ltd v Dragados Ltd does for this area of law.
December 17, 2021

Procurement challenge with no real prospect of success struck out (Adferiad Recovery Ltd v Aneurin Bevan University Health Board)

Siân McGibbon conducts a public law analysis on the Adferiad Recovery Ltd v Aneurin Bevan University Health Board case.
December 17, 2021

First things first

Trevor Watt considers the lessons to be learned from a recent High Court ruling in relation to preliminary issues in procurement disputes.
December 16, 2021

Procurement reform – an update

Radhika Devesher and Natasha Barlow provide a summary of the proposed and enacted changes to the UK procurement regime post-Brexit.
December 16, 2021

The Public Procurement Review Service Report: Procurement Pitfalls and How to Avoid Them

Juli Lau and Beth Edwards examine some of the most common procurement pitfalls and provide a checklist of points for local authorities to bear in mind in order to avoid costly errors.
December 10, 2021

New year, new public procurement thresholds

The thresholds for calculation purposes will now be inclusive of VAT and therefore will be proportionately lower than previously. Katherine Calder, Emily Broad and Phoebe Baxter consider the new thresholds.
November 25, 2021

ESG and its relevance to the public sector

Peter Collins and Sydney Chandler discuss the growing importance of Environmental, Social, and Governance criteria in public procurement.
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  MORE NEWS

Aug 23, 2021

Welsh Government agrees provision for Welsh contracting authorities can be made within UK Government Bill

The Welsh Government has agreed that provision for Welsh contracting authorities can be made through the UK Government’s procurement Bill.
Aug 16, 2021

Hull City Council formally adopts use of electronic seal

Hull City Council has become one of the first councils to formally adopt the use of an electronic seal.
Aug 05, 2021

High Court orders expedited trial of procurement challenge over fire brigade protective equipment, refuses to lift automatic suspension

A Technology and Construction Court judge has ordered an expedited trial in a dispute over the procurement of respiratory protective equipment ("RPE") for the London Fire Brigade.
Aug 03, 2021

Peers criticise Government procurement proposals for prioritising competition over collaboration

The House of Lords Public Services Committee has expressed concern that the Government’s proposals on procurement and commissioning of public services “prioritise competition to the detriment of collaboration among providers of public services, give insufficient recognition to the important role played by the voluntary sector, fail to promote expertise in commissioning and do not align with the…
Jul 13, 2021

High Court judge finds claim form for PPE contract award challenge was not validly served

The High Court has thrown out a judicial review challenge over the lawfulness of a decision by the Secretary of State for Health and Social Care during the pandemic to award a £102.6m contract to a company for the supply of personal protective equipment (PPE), after finding the claim form was not served validly.
Jul 08, 2021

Judge cites special circumstances in allowing claimant to call expert witness in tender evaluation dispute

A claimant supplier can call on expert witnesses in a procurement dispute with the Secretary of State for Health and Social Care, Mr Justice Fraser has ruled in a case management hearing.
Jun 09, 2021

Award of focus group services contract without competition by government during pandemic was unlawful for apparent bias, High Court judge finds

The Government’s decision to award a £560,000 contract for the provision of focus group and communications support services during the pandemic to Public First without public notice or competition gave rise to apparent bias and was unlawful, a High Court judge has ruled.
Jun 03, 2021

Cabinet Office publishes National Procurement Policy Statement setting out national priority outcomes in procurement activities of public bodies

Public bodies will be required to take into account job creation, investment in skills and opportunities for local growth when awarding public contracts, under the National Procurement Policy Statement issued by the Cabinet Office.
Jun 03, 2021

TfL settles procurement claim over construction of Silvertown Tunnel

Transport for London has reached a confidential settlement with an aggrieved bidder that had hoped to build the Silvertown tunnel project.
Jun 01, 2021

Government Legal Department senior lawyer joins Browne Jacobson as commercial partner

National law firm Browne Jacobson has recruited a senior lawyer from the Commercial Law Group of the Government Legal Department as a partner in its IT and complex transactions team.
Jun 01, 2021

High Court rejects legal challenge by contractors over retrospective extinction of "exit credits"

A High Court judge has rejected a judicial review challenge over the lawfulness of regulations that extinguished contractors’ right to Local Government Pension Scheme “exit credits” with retrospective effect.
May 21, 2021

Government issues policy note on applying exclusions in public procurement post-Brexit

The Cabinet Office has issued a procurement policy note (PPN) on applying exclusions in public procurement, managing conflicts of interest and whistleblowing.
May 11, 2021

Planning, procurement and judicial review legislation to the fore in Queen's Speech

Bills covering planning, procurement, subsidy control, judicial review and electoral integrity are among the key pieces of legislation outlined in today’s Queen’s Speech.
May 10, 2021

High Court judge explains £250k cost-capping order in PPE procurement proceedings

A High Court judge has given her reasons for making a costs capping order of £250,000 in respect of both the claimants, the Good Law Project and EveryDoctor, and the defendant, the Secretary of State for Health and Social Care, in the procurement challenge over the award of contracts for the supply of personal protective equipment (PPE).
Apr 28, 2021

High Court judge criticises “disproportionate” £450k+ costs estimate put forward by Cabinet Office for one-day hearing of procurement legal challenge

The Cabinet Office’s £450,000 estimated likely costs for defending a legal challenge over its award of a contract for the provision of polling services during the pandemic appeared – without further explanation from the defendant– to be “disproportionate for a one day hearing, even in a complicated procurement case”, a High Court judge has said.
Apr 06, 2021

Councils may have suffered because of ‘pre-paid cards’ cartel, according to provisional findings of regulator

Local authorities may have missed out on an alternative supplier of pre-paid cards or products that were either cheaper or better suited to both their needs and the needs of those using such cards, the Payment Systems Regulator (PSR) has said after provisionally finding that five companies engaged in cartel behaviour.
Mar 01, 2021

Welsh Government consults on draft Bill putting partnership working on formal footing

The Welsh Government has launched a consultation on a new Bill intended to put partnership working on a formal footing to improve work in Wales.
Feb 26, 2021

County council issues findings of review after successful procurement challenge by incumbent parking enforcement contractor costs £1.6m

Oxfordshire County Council has published the findings of an external review launched after the existing parking enforcement contractor made a successful challenge to the local authority’s procurement award process.
Feb 23, 2021

High Court strikes out bid by councils to rescind loans from Barclays following 'LIBOR' rigging affair

A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.
Feb 19, 2021

Health Secretary "unlawfully failed to comply with transparency policy" when procuring PPE: High Court judge

The Secretary of State for Health and Social Care acted unlawfully by failing to comply with the Government’s ‘Transparency Policy’ when procuring PPE (personal protective equipment) during the pandemic, a High Court judge has ruled.
Feb 15, 2021

New partner at DAC Beachcroft to lead procurement law offering

Law firm DAC Beachcroft has hired Katherine Calder, a specialist in public procurement and state aid, as a partner.
Feb 10, 2021

Independent review of construction frameworks to establish ‘gold standard’, identify standard contract terms

The Cabinet Office has launched an independent review into construction frameworks as part of the implementation of the ‘Construction Playbook’.
Feb 05, 2021

Government issues policy note on procurements in an emergency, warns on commercial risks of direct awards without competition

The Cabinet Office has issued a procurement policy note (PPN) reminding contracting authorities of the options available to them when undertaking procurements in an emergency.
Feb 03, 2021

Government launches consultation on “bespoke” approach to subsidy control

The Department for Business, Energy & Industrial Strategy (BEIS) has launched a consultation on its proposed new approach to subsidy control in the UK.
Jan 20, 2021

Boating company wins permission for judicial review over decision not to offer interim concession contract

A High Court judge has granted a company permission to bring judicial review proceedings in relation to a decision by The Royal Parks Limited (TRP) not to grant it an extension to a concession contract for the operation of boating facilities in Hyde Park, on the Serpentine and in Greenwich Park.
Jan 18, 2021

Public Procurement Review Service received 123 complaints in 12 months to end September 2020

The Public Procurement Review Service received 123 complaints from businesses over the tendering of contracts in the year to 30 September 2020, the Cabinet Office has revealed in response to a freedom of information request.
Jan 12, 2021

Judge finds claim over procurement of cloud-based management information system for 57 schools commenced in time

A High Court judge has rejected a contention by an academy trust that a claim brought over the procurement exercise for a three-year contract to supply a cloud-based management information system was commenced out of time.
Nov 26, 2020

Council defeats High Court claim from waste company over alleged unlawful state aid

The High Court has thrown out a claim by a recycling company that Durham County Council priced it out of business through unlawful state aid.
Nov 25, 2020

Court of Appeal refuses permission to appeal in long-running battle over £600m procurement of incinerator

The Court of Appeal has refused Community R4C (CR4C) permission to appeal the High Court’s dismissal of its claim against Gloucestershire County Council over the £600m+ procurement of an energy from waste plant.

  MORE FEATURES

November 12, 2021

Becoming More Inclusive: VAT and Public Procurement

Juli Lau, Natasha Barlow and Beth Edwards examine the recently published Public Procurement Regulations 2021, focussing upon amendments to the thresholds within various procurement regimes.
November 09, 2021

Procurement Policy Note 08/21

Juli Lau and Beth Edwards outline Procurement Policy Note 08/21, recently published by the Cabinet office.
November 05, 2021

Electric vehicle charging infrastructure: future proof procurement

Nadeem Arshad and Kyle Duggan set out how contracting authorities can use their procurement strategies to boost the move to electric vehicles.
November 04, 2021

Issuing and serving the claim form

Rebecca Lawrence considers the pitfalls and potential relief in procurement challenges and beyond (CitySprint UK v Barts Health NHS Trust).
October 22, 2021

Green for go?

Kieran McGaughey examines the Government's Net Zero Strategy and the inclusion of environmental factors in local authority procurements.
October 22, 2021

Procurement reforms: update from Cabinet Office

Rob Hann, Nicola Sumner and Juli Lau assess the Cabinet Office's update on the progress of the government's public procurement reforms.
October 22, 2021

An overview of the legal framework for paying GP practices for premises costs

David Lock QC unpacks the changing model of delivering NHS primary services in the UK.
October 22, 2021

Procurement challenges, the automatic suspension and expedited trials

Madeleine Nankervis examines a recent procurement case where the High Court had to consider the defendant's application for the automatic suspension to be lifted and the claimant's application for an expedited trial.
October 14, 2021

Insolvency – Termination and Beyond

Rachel Murray-Smith and Clare Mendelle consider the potential warning signs of, and the compliant manner for dealing with, contractor insolvency.
October 01, 2021

Carbon reduction and central government contracts

Jenny Beresford-Jones looks at the imminent prospect of Supplier Carbon Reduction Plans being assessed in large government contracts.
September 24, 2021

Procurement and the UK Hydrogen Strategy

Kyle Duggan, Victoria Croshaw, Emily Heard analyse procurement issues in relation to the use of hydrogen in the transport sector.
September 17, 2021

Public procurement update

Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.
August 26, 2021

Make your mind up! Liquidated Damages clause upheld despite Employer’s challenge

In the recent case of Eco World Ballymore (EWB) v Dobler[1] , an Employer took the unusual position of challenging their own entitlement to liquidated damages (LDs) on the ground that the LDs provision constituted an unenforceable penalty clause. Clare Mendelle and James Goldthorpe investigate.
August 13, 2021

Local authority leisure provision in a time of Covid

Craig Elder looks at the lessons for local authorities in relation to leisure provision during the pandemic and considers the way forward.
July 30, 2021

The counter-restitution principle defined

In an important decision in the law of unjust enrichment, the Court of Appeal has defined the counter-restitution principle for the first time after detailed argument about its basis and scope, writes Simon Salzedo QC.
July 23, 2021

Transparency in regulated procurements

A county council has recently defended a waste company’s application for summary judgment in a procurement dispute. Joseph Barrett explains how.
July 16, 2021

Publication to Contracts Finder

Jenny Beresford-Jones examines the recent procurement policy note (PPN 07/21) on publication of information to Contracts Finder.
July 13, 2021

Transparency in Procurement: Procurement Policy Note (“PPN”) 07/21

Julie Lau, Clare Mendelle and Beth Edwards outline the new regime for publishing procurement notices post-Brexit
July 13, 2021

When procurement law and contracts for interests in land meet

Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.
July 09, 2021

Good faith in commercial agreements

The following Commercial practice note from LexisNexis examines the concept of good faith and the extent to which it is applied in commercial agreements.
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