‘I don’t like acts of dishonesty by the state’: Jolyon Maugham QC on Covid cronyism – The Guardian

‘Over the past few years, Jolyon Maugham QC, founder of the Good Law Project, has become an unmissable presence on Twitter. But unlike most keyboard warriors – anonymously vocal about Brexit, trading memes over mask-wearing and gender politics – he has only ever seen the social media platform as a means to an end. “I really don’t like this phenomenon of disinterested observers pointing out things that are going wrong,” he says. “I want to be in the club of people who actually put skin in the game to make it better, rather than merely making clever observations from the sidelines.”’

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The Guardian, 22nd November 2020

Source: www.theguardian.com

Covid spending: Watchdog finds MPs’ contacts were given priority – BBC News

‘Companies recommended by MPs, peers and ministers’ offices were given priority as the government raced to obtain Personal Protective Equipment, the National Audit Office found.’

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BBC News, 18th November 2020

Source: www.bbc.co.uk

Academy trust facing legal challenge over award of £2m software contract – Local Government Lawyer

Posted October 16th, 2020 in computer programs, contracts, local government, news, public procurement by sally

‘A large academy school trust faces litigation from a firm that lost out in the award of an IT contract.’

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Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

Standing to bring a public procurement challenge—key considerations – Henderson Chambers

Posted August 14th, 2020 in chambers articles, contracts, local government, news, public procurement by sally

‘In a preliminary issue trial, the court considered the provisions of the Public Contracts Regulations 2015 (PCR 2015) relating to standing to bring a claim. The claimant’s case was that the council had unlawfully amended and extended an existing contract instead of conducting a full public procurement exercise and that, had such an exercise been run, it would have assembled a consortium to bid for the contract and might have won it. In a lengthy judgment, His Honour Judge Russen QC hammered home the fact that a potential challenger has to establish on the balance of probabilities that it has a ‘material interest’ in the procurement in order to bring a claim under PCR 2015. It is not sufficient, in order to meet the requirements of PCR 2015, reg 91, for a claimant to say that it has established only a more than fanciful case that it has, through noncompliance with the regulations, lost a more than fanciful opportunity. Community R4C Ltd v Gloucestershire County Council [2020] EWHC 1803 (TCC).’

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Henderson Chambers, 5th August 2020

Source: www.hendersonchambers.co.uk

Government facing legal challenge over urgent award of £108m PPE contract – Local Government Lawyer

‘The Good Law Project will today [15 June] launch judicial review proceedings over the Government’s award of an £108m contract to a pest control company for the supply of PPE.’

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Local Government Lawyer, 15th June 2020

Source: www.localgovernmentlawyer.co.uk

Time Limits for Tender Challenges: test for extending time to bring a public procurement challenge – Henderson Chambers

‘In Riverside Truck Rental Ltd-v-Lancashire County Council [2020] EWHC 1018 (TCC) the High Court confirmed the strict application of the rules governing the time limits for bringing a claim for breach of the EU Public Procurement regime, whether it be in the High Court (TCC) by way of a claim under the regulation 91 of the Public Contracts Regulations 2015, or in the Administrative Court by way of a claim for judicial review.’

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Henderson Chambers, 14th May 2020

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Police watchdog to announce decision on Johnson-Arcuri inquiry – The Guardian

‘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.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Lifting the automatic suspension in procurement claims (Alstom v Network Rail) – Henderson Chambers

Posted January 17th, 2020 in damages, news, public procurement, railways by sally

‘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.’

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Henderson Chambers, 9th January 2020

Source: www.hendersonchambers.co.uk

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers

Posted October 30th, 2019 in appeals, contracts, damages, local government, news, public procurement, sale of land by sally

‘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.’

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Monckton Chambers, 16th October 2019

Source: www.monckton.com

Abandoning a procurement: not always the end of the story – Henderson Chambers

Posted July 3rd, 2019 in local government, news, public procurement, statutory duty by sally

‘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.’

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Henderson Chambers, 25th June 2019

Source: www.hendersonchambers.co.uk

Suspension of Contract – Local Government Law

‘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.’

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Local Government Law, 22nd May 2019

Source: local-government-law.11kbw.com

Eurotunnel challenges ‘secretive’ Brexit ferry deals – BBC News

Posted March 1st, 2019 in brexit, compensation, contracting out, news, public procurement, tenders, transport by tracey

‘The government is facing a court challenge over the contracts it awarded to three shipping firms as part of its no-deal Brexit preparations.’

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BBC News, 1st March 2019

Source: www.bbc.co.uk

Government sued over no-deal ferry contracts – BBC News

Posted February 12th, 2019 in brexit, competition, contracts, news, public procurement, ships, transport by tracey

‘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.’

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BbC News, 12th February 2019

Source: www.bbc.co.uk

Watchdog wants public sector contractors subject to FOI laws – OUT-LAW.com

Posted February 4th, 2019 in contracting out, freedom of information, news, public procurement by sally

‘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.’

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OUT-LAW.com, 1st February 2019

Source: www.out-law.com

Accountancy watchdog criticised over legal services procurement – Law Society’s Gazette

Posted December 19th, 2018 in accountants, auditors, competition, legal services, news, ombudsmen, public procurement by sally

‘The accountancy regulator should adopt a more open procurement policy when tendering for legal and professional services, a review assessing its clout has found.’

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Law Society's Gazette, 18th December 2018

Source: www.lawgazette.co.uk

TCC decides that new trains for the Piccadilly Line cannot be held up by procurement dispute – Henderson Chambers

Posted December 12th, 2018 in contracting out, damages, news, public procurement, railways, tenders by sally

‘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.’

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Henderson Chambers, 11th December 2018

Source: www.hendersonchambers.co.uk

Faraday Development Ltd v West Berkshire Council: Court of Appeal gives important guidance on development agreements and options, and declares contract ineffective – 11 KBW

Posted December 11th, 2018 in appeals, competition, drafting, local government, news, public procurement by sally

‘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).’

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11 KBW, 15th November 2018

Source: www.11kbw.com

To re-score or not to re-score: procurement challenge of health care services tender – Practical Law: Construction Blog

Posted July 16th, 2018 in community care, health, news, public procurement by tracey

‘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.’

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Practical Law: Construction Blog, 16th July 2018

Source: constructionblog.practicallaw.com

Home Office criticised for failures in reforms to criminal records vetting – The Guardian

‘The Home Office has been accused of running a “masterclass in incompetence” over its attempts to improve the criminal records checking scheme.’

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The Guardian, 25th May 2018

Source: www.theguardian.com

Government failure on discrimination and education law services – Legal Action

Posted February 14th, 2018 in education, equality, legal aid, news, public procurement by michael

“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.”

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Legal Action, February 2018

Source: www.lag.org.uk