Appeal court overturns ‘unlawful’ ruling over Covid contract for Cummings friends – The Independent

Posted January 18th, 2022 in appeals, contracts, coronavirus, news, public procurement by tracey

‘The Court of Appeal has overturned a ruling that a Covid contract given to a company whose founders were friends of former Downing Street adviser Dominic Cummings was unlawful.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

Covid: Government’s PPE ‘VIP lane’ unlawful, court rules – BBC News

Posted January 13th, 2022 in coronavirus, judicial review, news, protective equipment, public procurement by tracey

‘The government’s use of a “VIP lane” to award contracts for personal protective equipment (PPE) to two companies was unlawful, the High Court has ruled.’

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BBC News, 12th January 2022

Source: www.bbc.co.uk

UK faces legal action for approving firm accused of using forced labour as PPE supplier – The Guardian

‘The UK government is facing legal action over its decision to keep using a Malaysian company accused of using forced labour as a supplier of personal protective equipment (PPE) to the NHS.’

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The Guardian, 6th January 2022

Source: www.theguardian.com

First things first – Local Government Lawyer

Posted December 17th, 2021 in competition, damages, local government, news, public procurement, telecommunications by michael

‘Hot on the heels of Draeger Safety v London Fire Commissioner the High Court (Mr Justice Kerr) has again declined to lift the automatic suspension in a procurement dispute because an expedited trial was possible. As well as evidencing the court’s increased willingness to do so, the judgment in Vodafone Limited v (1) Secretary of State for Foreign, Commonwealth and Development Affairs; and (2) The British Council [2021] EWHC 2793 (TCC) contains some interesting observations on trials of preliminary issues in procurement disputes.’

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Local Government Lawyer, 17th December 2021

Source: www.localgovernmentlawyer.co.uk

UKHSA considers legal action against privately run Immensa lab – The Guardian

‘A government health watchdog is considering legal action against a private health company whose laboratory gave at least 43,000 people potentially false negative Covid-19 test results.’

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The Guardian, 8th December 2021

Source: www.theguardian.com

Private firms working for UK government ‘should be subject to FOI rules’ – The Guardian

‘Private outsourcing companies that win government contracts should be subject to freedom of information rules, according to the outgoing information commissioner, who warned the existing transparency law is no longer fit for the modern age.’

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The Guardian, 25th November 2021

Source: www.theguardian.com

Motorola faces competition inquiry over UK emergency services network – The Guardian

‘The UK’s competition regulator is investigating Motorola over concerns that it has “cashed in” on its monopoly over mobile networks for the UK emergency services.’

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The Guardian, 26th October 2021

Source: www.theguardian.com

UK government ordered to reveal firms awarded ‘VIP’ Covid contracts – The Guardian

‘The UK government has been ordered to reveal which companies were given “VIP” access to multimillion-pound contracts for the supply of personal protective equipment (PPE) in the early months of the Covid pandemic, in a ruling from the Information Commissioner’s Office (ICO).’

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The Guardian, 18th October 2021

Source: www.theguardian.com

Judge lambasts government lawyers who ignored court rules – Law Society’s Gazette

‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Public procurement update – Local Government Lawyer

Posted September 17th, 2021 in expert witnesses, judicial review, local government, news, public procurement by tracey

‘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.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

When procurement law and contracts for interests in land meet – Local Government Lawyer

Posted July 15th, 2021 in contracts, leases, local government, news, public procurement by tracey

‘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.’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Good Law Project’s PPE claim fails after service blunder – Law Society’s Gazette

‘High-profile legal campaigners have been dealt a blow in their latest challenge to the government – after correctly serving the right papers a day too late.’

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Law Society's Gazette, 5th July 2021

Source: www.lawgazette.co.uk

The new Trade Act 2021 – Brexit Law

Posted May 12th, 2021 in brexit, chambers articles, EC law, genocide, news, public procurement by sally

‘The new Trade Act 2021 has now been passed. It received Royal Assent on 29 April 2021, after a seemingly long time spent passing through the various committee stages in Parliament. Importantly, as regards the UK’s trade remedies, the Act finally establishes the Trade Remedies Authority (TRA) as the entity responsible for investigations and for reaching decisions in this arena, including recommendations that the Secretary of State for International Trade (SoS) impose trade defence measures in individual cases.’

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Brexit Law, 11th May 2021

Source: brexit.law

High Court judge explains £250k cost-capping order in PPE procurement proceedings – Local Government Lawyer

‘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).’

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Local Government Lawyer, 10th May 2021

Source: www.localgovernmentlawyer.co.uk

Case Comment: R (Good Law Project & Others) v Secretary of State for Health AND Social Care [2021] EWHC 346 (Admin) – Late Publication of Coronavirus Contracts Unlawful – 39 Essex Chambers

‘Last Friday Chamberlain J handed down judgment in a challenge concerning the government’s compliance with procurement law and its own transparency guidance in the awarding of goods and services contracts during the COVID-19 pandemic. By reg. 50 of the Public Contracts Regulations 2015 the Secretary of State for Health and Social Care was obliged to send for publication a contract award notice (“CAN”) not later than 30 days after the award of a contract. By its transparency policy and principles it was obliged to publish details of any contract.’

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39 Essex Chambers, 23rd February 2021

Source: www.39essex.com

Judgment in Good Law Project JR on publication of Covid-19 procurement notices – Monckton Chambers

‘This is the first in a series of procurement law judicial review (JR) cases relating to Covid-19 brought by the Good Law Project (GLP) to have reached the judgment stage. The case concerned the (non)publication of contract award notices (CANs) within 30 days under regulation 50 Public Contracts Regulations 2015 (PCR) and of other contract notices and materials within 20 or 90 days under relevant transparency policies.’

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Monckton Chambers, 19th February 2021

Source: www.monckton.com

The PPE procurement case: transparency missed in both politics and law – Transparency Project

Posted February 24th, 2021 in coronavirus, government departments, judicial review, news, public procurement by sally

‘Last week the High Court made a widely publicised decision declaring that a government minister and his department had acted unlawfully in relation to the award of PPE procurement contracts in the early weeks of the pandemic. The case is called R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin). It’s of particular interest to us because it’s all about transparency.’

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Transparency Project, 23rd February 2021

Source: www.transparencyproject.org.uk

Procurement—withdrawal of challenged award decision ends automatic suspension (Aquila Heywood Ltd v Local Pensions Partnership) – Henderson Chambers

Posted February 11th, 2021 in chambers articles, contracts, news, public procurement, regulations by sally

‘Local Pensions Partnership Administration Ltd (LPPA) awarded a contract under a framework. Acquila Heywood Ltd (Acquila) issued proceedings challenging the award on various bases. LPPA then withdrew the award decision and replaced it with a second decision in which Acquila was again unsuccessful. Acquila did not issue proceedings in respect of the second decision or amend its existing claim. The court held that the automatic suspension which arose under regulation 95 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 only prevented LPPA from awarding the contract pursuant to the first decision. Once that decision had been withdrawn and the bids re-evaluated, it served no further purpose. LLPA was therefore not required to refrain from entering into a contract pursuant to its second decision. LPPA’s application to lift the suspension pursuant to PCR 2015, SI 2015/102, reg 96(1)(a) was unnecessary.’

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Henderson Chambers, 9th February 2021

Source: www.hendersonchambers.co.uk

‘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