Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers

‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:

Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’

Full story

Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk

Watchdog seeks greater clarity over public sector suppliers’ FOI responsibilities – OUT-LAW.com

‘The contracts agreed between public sector bodies and their suppliers should be “more explicit” about which one of the organisations holds information for the purposes of compliance with freedom of information (FOI) rules, the UK’s Information Commissioner’s Office (ICO) has said.’

Full story

OUT-LAW.com, 6th March 2014

Source: www.out-law.com

Nordecon AS and another v Rahandusministeerium – WLR Daily

Posted December 9th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, tenders by sally

Nordecon AS and another v Rahandusministeerium (Case C-561/12); [2013] WLR (D) 470

‘Article 30(2) of Parliament and Council Directive 2004/18/EC did not allow a contracting authority to negotiate with tenderers tenders that did not comply with the mandatory requirements laid down in the technical specifications of the contract as published.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

NCVO report attacks ‘crude’ implementation of payment by results contracts – Local Government Lawyer

Posted October 31st, 2013 in charities, contracting out, contracts, news, public procurement, reports by michael

“There is general support among charities for ‘payment by results’ but its implementation has often been ‘crude’ and ‘seriously flawed’, a report for the National Council for Voluntary Organisations has argued.”

Full story

Local Government Lawyer, 30th October 2013

Source: www.localgovernmentlawyer.co.uk

Ministeriet for Forskning, Innovation og Videregaende Uddannelser v Manova A/S – WLR Daily

Posted October 18th, 2013 in EC law, equality, law reports, public procurement, tenders by tracey

Ministeriet for Forskning, Innovation og Videregaende Uddannelser v Manova A/S; (Case C-336/12);   [2013] WLR (D)  383

“The principle of equal treatment did not preclude a contracting authority from asking a candidate, after the deadline for applying to take part in the contracts award procedures pursuant to Parliament and Council Directive 2004/18/EC, to provide documents describing that candidate’s situation which could be objectively shown to pre-date that deadline.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

Full story

Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

French Republic v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, state aids, taxation by sally

French Republic v Commission of the European Union (Case C-115/12P); [2013] WLR (D) 364

“The calculation of whether a member state had ‘subsided directly’ by more than 50% a works contract awarded by an entity other than themselves within the meaning of article 2(1) of Council Directive 93/37/EEC which triggered the public procurement procedures under that Directive, included sums arising from tax reductions to the members of commercial partnerships, who were natural persons, investing in a works contract.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Companies that blacklist workers face ban from public contracts in Wales – The Guardian

Posted September 12th, 2013 in company law, construction industry, news, public procurement, trade unions, Wales by tracey

“Companies that blacklist workers for taking part in trade union activity face being barred from multibillion-pound public sector contracts under plans unveiled by the Welsh government.”

Full story

The Guardian, 11th September 2013

Source: www.guardian.co.uk

No time to lose: Delay and challenges to public procurement – Hardwicke Chambers

“If you want to challenge a decision to do with public procurement, time is of the essence. The Court of Appeal has reiterated this warning in one of its last decisions of the term: R (Nash) v Barnet LBC [2013] EWCA Civ 1004.”

Full story

Hardwicke Chambers, 8th August 2013

Source: www.hardwicke.co.uk

“Legislating for Responsible Capitalism”. A paper by Stephen Hockman QC – Six Pump Court

“Stephen Hockman QC has written a paper published by the Policy Network, entitled ‘Legislating for Responsible Capitalism: what it means in practice’.”

In the paper, he explores the legal amendments available to improve the monitoring, transparency and accountability of corporate practice.”

Full story (PDF)

Six Pump Court, 19th June 2013

Soruce: www.6pumpcourt.co.uk

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) – WLR Daily

Posted June 18th, 2013 in contracts, EC law, law reports, local government, public procurement by sally

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) (Case C-386/11); [2013] WLR (D) 233

“A contract whereby (without establishing co-operation between the contracting public entities with a view to carrying out a public service task that both of them had to perform)—one public entity had assigned to another the task of cleaning certain public buildings, while reserving a supervisory power, in return for payment for the costs incurred, the second entity being authorised to use the services of third parties which might be capable of competing on the market for the accomplishment of that task—constituted a public service contract within the meaning of article 1(2)(d) of Parliament and Council Directive 2004/18/EC.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Transforming legal aid: a guide to defence tendering – LegalVoice

Posted April 11th, 2013 in competition, legal aid, news, public procurement, tenders by sally

“A guide to the Ministry of Justice’s consultation on criminal legal aid reform (Transforming Legal Aid: Delivering a more credible and efficient system) and price competitive tendering published earlier this week.”

Full story

LegalVoice, 11th April 2013

Source: www.legalvoice.org.uk

New rules use government buying power against tax avoidance – HM Treasury

Posted February 14th, 2013 in consultations, news, public procurement, regulations, tax avoidance by sally

“New rules that will allow government departments to ban companies and individuals which take part in failed tax avoidance schemes from being awarded Government contracts have been unveiled by Chief Secretary to the Treasury, Danny Alexander and Minister for the Cabinet Office, Francis Maude today.”

Full story

HM Treasury, 14th February 2013

Source: www.hm-treasury.gov.uk

Judicial Review: proposals for reform – Ministry of Justice

Posted December 13th, 2012 in consultations, judicial review, news, planning, public procurement, time limits by sally

“The Government is seeking views on a package of measures to stem the growth in applications for judicial reviews. The measures aim to tackle the burden that this growth has placed on stretched public services whilst protecting access to justice and the rule of law. The engagement exercise seeks views on proposals in three key areas; reducing the time limits for bringing a judicial review relating to procurement or planning, bringing them into line with the appeal timetable which already applies to those cases.”

Full story

Ministry of Justice, 13th December 2012

Source: www.justice.gov.uk

Econord SpA v Comune di Cagno and others – WLR Daily

Posted December 3rd, 2012 in contracts, EC law, law reports, local government, public procurement, tenders by sally

Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356

“The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering procedure and instead to make an in-house award of a contract to a jointly owned municipal company, public authorities had to jointly exercise over that entity control similar to the control they exercised over their own departments, was fulfilled where each of those authorities not only held capital in that entity, but also played a role in its managing bodies.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Confidential bid information could be disclosed under FOI laws, rules Tribunal – OUT-LAW.com

“Public sector bodies cannot guarantee the confidentiality of bid information in the aftermath of an Information Rights Tribunal ruling, an expert has said.”

Full story

OUT-LAW.com, 27th November 2012

Source: www.out-law.com

Judicial Review by Third Parties – 11 KBW

Posted November 20th, 2012 in judicial review, news, public procurement, tenders, third parties by sally

Judicial Review by Third Parties (PDF)

11 KBW, 16th November 2012

Source: www.11kbw.com

Local Government Law Update – 11 KBW

Posted August 21st, 2012 in judicial review, local government, news, police, public procurement by sally

Local Government Law Update: 17 August (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Three Articles on Local Government Law – 11 KBW

Local Government Law Update: 18 July (PDF)
Local Government Law Update: 23 July (PDF)
Local Government Law Update: 25 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 14 May (PDF)
Local Government Law Update: 15 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com