Category: public procurement
Competition watchdog probes Mitie over immigration centre contracts – The Independent
‘The UK competition regulator has launched an investigation into whether outsourcing firm Mitie Group has broken competition law in relation to a procurement process for immigration removal centre contracts run by the Home Office.’
The Independent, 4th March 2022
Source: www.independent.co.uk
County fires gun on procurement of £369k legal case management system amid mini-flurry of contract awards by local authorities – Local Government Lawyer
‘Gloucestershire County Council has started the procurement of a fully developed, off the shelf, cloud-based Legal Case Management System with Court Bundling System.’
Local Government Lawyer, 2nd March 2022
Source: www.localgovernmentlawyer.co.uk
Appeal court overturns ‘unlawful’ ruling over Covid contract for Cummings friends – The Independent
‘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.’
The Independent, 18th January 2022
Source: www.independent.co.uk
Covid: Government’s PPE ‘VIP lane’ unlawful, court rules – BBC News
‘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.’
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.’
The Guardian, 6th January 2022
Source: www.theguardian.com
First things first – Local Government Lawyer
‘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.’
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.’
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.’
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.’
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).’
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.’
Law Society's Gazette, 1st October 2021
Source: www.lawgazette.co.uk
Public procurement update – Local Government Lawyer
‘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.’
Local Government Lawyer, 17th September 2021
Source: www.localgovernmentlawyer.co.uk
When procurement law and contracts for interests in land meet – Local Government Lawyer
‘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.’
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.’
Law Society's Gazette, 5th July 2021
Source: www.lawgazette.co.uk
The new Trade Act 2021 – Brexit Law
‘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.’
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).’
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.’
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.’
Monckton Chambers, 19th February 2021
Source: www.monckton.com
The PPE procurement case: transparency missed in both politics and law – Transparency Project
‘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.’
Transparency Project, 23rd February 2021
Source: www.transparencyproject.org.uk
