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Legal update

“You ought to have known”: Deeper Dive on how specific factors drove the limitation outcome in Siemens v HS2

This article is our in more depth review of the facts of the latest Siemens v HS2 judgment in which the Court provided guidance on when things about which a Claimant “ought to have known” will start the 30 day limitation clock for procurement challenges
07 November 2022

Legal update

Procurement Bill: The Government publishes new training proposals and guidance

Government Procurement Reform Team seeks to prepare contracting authorities, utilities, concessions, and the defence sector for the advent of the Procurement Act with awareness, preparedness and training tools
31 October 2022

Legal update

Claimant obtains a suspension of a live procurement with no cross-undertaking in damages

A public authority has been ordered to halt a procurement mid-competition, without the challenger giving a cross-undertaking in damages. The Court also expressly linked the 'sufficiently serious' test to the test for an injunction.
13 October 2022

Legal update

Healthcare Procurement - Awaiting the NHS Provider Selection Regime

The NHS Provider Selection Regime will introduce new, NHS-specific rules for the procurement of certain healthcare services. This article takes a look at what we know so far.
03 October 2022

Legal update

Braceurself Part 2: Successful Claimant denied damages as breach was not “sufficiently serious”

Despite a bidder succeeding in its legal claim, establishing that the Contracting Authority breached procurement law and that it should have been awarded the contract, it has been left without any damages

20 September 2022

Legal update

Procurement Expert View on Expedited Trials and Automatic Suspension following Camelot’s withdrawn appeal in the National Lottery litigation

We consider the recent range of outcomes in interlinked applications for expedited trials and to lift the automatic suspension
07 September 2022

Legal update

Publicly procured contract ‘shortened’ by court for breaches

NHS Clinical Commissioning Groups fined and Contract Shortening Order made after unlawful ‘manipulation’ of procurement process to ensure winner

05 September 2022

Legal update

Braceurself: One simple mistake leads to successful procurement challenge on the basis of Manifest Error

A single mistake led the court to conclude that Braceurself should have been awarded a high value contract for dental services. We examine this case as an example of a successful procurement challenge... but which may yet have one final twist in the tale.
02 September 2022

Legal update

Reasons and Reasoning: What’s the right level of record keeping of evaluation decisions?

In this ‘Expert View’ article we look at key cases concerning record keeping of evaluation decisions, and what these decisions mean in practice

01 September 2022

Legal update

Remedies under the Procurement Bill

Observations on the proposals in the Procurement Bill regarding remedies and enforcement 
31 August 2022

Legal update

Expert evidence in public procurement claims (Siemens v HS2)

In this article we look at the recent Siemens v HS2 judgment and discuss the clarity it provides where a party seeks permission for expert evidence in procurement litigation

26 August 2022

Legal update

The Procurement Bill: progress through the House of Lords

Following the UK’s exit from the EU, the government has set out major reforms to the rules governing public sector buying in the new Procurement Bill
15 August 2022
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