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Legal update

High Court ruling considers limitation periods in public contract direct awards

This case highlights the importance of correct application of limitation periods under Regulation 93 of the Public Contracts Regulations 2015

21 December 2023

Legal update

The National Lottery Case: Lessons for Interested Parties

Sub-contractors and group companies cannot bring procurement challenges. Costs can be awarded to interested parties but only where the court finds their input necessary or useful.
27 September 2023

Legal update

What does the Provider Selection Regime mean for remedies and dispute resolution?

We examine the implications of DHSC’s new proposals for remedies and enforcement relating to procurements of healthcare services
17 July 2023

Legal update

Managing the costs of Subsidy Control Act appeals

The Court of Appeal has set out principles that will influence the scope, costs and cost risk of subsidy decision appeals under the Subsidy Control Act 2022
13 July 2023

Legal update

Public Procurement: Modification to an awarded contract: Lessons from James Waste v Essex County Council

The judge held that the “safe-harbour” tests in Reg 72 should be interpreted narrowly but, in this case, one of those safe-harbour tests was met. The variation was permissible, and the claim failed.
26 May 2023

Legal update

The Procurement Bill: Recent changes following exit from House of Commons Committee Stage

Analysing four key substantive changes to the Procurement Bill following its exit from the House of Commons Committee Stage, including important changes to the new debarment regime
10 March 2023

Legal update

The tail that wags the dog: What is reasonable and proportionate documentary disclosure in the context of procurement litigation?

We consider two recent judgments on the appropriate scope of disclosure for both a contracting authority and a challenging bidder

12 December 2022

Legal update

A to Z of construction disputes: Avoidance and resolution – Part 2: N to Z

This two-part article explains some of the key concepts that anyone involved in the construction industry needs to know in order to avoid or resolve construction disputes
28 May 2019

Legal update

A to Z of construction disputes: Avoidance and resolution – Part 1: A to M

This two-part article explains some of the key concepts that anyone involved in the construction industry needs to know in order to avoid or resolve construction disputes
14 May 2019

Legal update

Manifest error case dismissed after seven year procedural history

The case of R (Hersi & Co Solicitors) v Lord Chancellor has finally been decided, seven years after judicial review proceedings were first issued in the Administrative Court.
16 November 2017

Legal update

Public procurement: when is a development agreement not a public works contract?

A review of R (Faraday Development Ltd) v West Berkshire Council and another which offers guidance on how development agreements can be structured to fall outside the scope of public procurement law.
22 September 2016

Legal update

Widespread errors in European procurement should lead to EU funds being withheld

There were errors in 40 per cent of the public procurement processes used to distribute EU budget funds in 2007-2014.
24 September 2015
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