‘Lincolnshire County Council has said it will consult its lawyers about the recovery of its costs after a High Court judge set out why in July she rejected a legal challenge to the authority’s plans for its libraries services.’
Local Government Lawyer, 22nd October 2015
Source: www.localgovernmentlawyer.co.uk
‘The government is to introduce new rules to stop “politically-motivated” boycotts by local councils.’
BBC News, 3rd October 2015
Source: www.bbc.co.uk
‘Councils and local authorities are to be blocked from boycotting Israeli products or pursuing other foreign policy goals that conflict with the government.’
The Guardian, 3rd October 2015
Source: www.guardian.co.uk
‘A London borough has successfully applied to the High Court to have lifted an automatic suspension under procurement regulations of the award of a contract for a road traffic CCTV system.’
Full story
Local Government Lawyer, 30th September 2015
Source: www.localgovernmentlawyer.co.uk
‘The procurement process through which an English council awarded a contract for asbestos removal contained “a number of manifest errors” and breaches of equality and transparency requirements, and should therefore be set aside, the High Court has ruled.’
OUT-LAW.com, 21st July 2015
Source: www.out-law.com
‘The Court of Appeal has rejected a claim that the Government’s proposed arrangements for the delivery of tax-free childcare breach domestic and EU public procurement legislation.’
Local Government Lawyer, 13th April 2015
Source: www.localgovernmentlawyer.co.uk
‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’
OUT-LAW.com, 27th March 2015
Source: www.out-law.com
Heron Bros Ltd v Central Bedfordshire Council [2015] EWHC 604 (TCC); [2015] WLR (D) 137
‘The term “service in accordance with rules of court” in regulation 47F(5) of the Public Contracts Regulations 2006, as amended, meant that valid service was achieved when the relevant step for service of a claim form, set out in CPR r 7.5(1), was completed within the seven-day time limit prescribed by regulation 47F(1).’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
‘The Technology and Construction Court has reiterated that, in considering whether to lift the statutory suspension of the placing of a public contract following a challenge by an unsuccessful tenderer, it will apply the American Cyanamid principles, as those principles are consistent with the requirements of Directive 2007/66/EC on the award of public contracts.’
Full story (PDF)
Henderson Chambers, 17th March 2015
Source: www.hendersonchambers.co.uk
‘Do you provide services to public sector bodies? Do you want to? Whether your customer or target is part of government, or an independent publicly-funded institution such as a hospital or university, you should be aware of the Public Contracts Regulations 2015. These changes, the majority of which came into force this week, offer greater flexibility in public authority purchasing and increased visibility and supplier access.’
Technology Law Update, 27th February 2015
Source: www.technology-law-blog.com
‘Public bodies can put “relevant” and “proportionate” questions to businesses looking to win low value goods or service contracts at an early stage of procurement without breaching new public procurement rules set to come into force later this month, the UK government has said.’
OUT-LAW.com, 20th February 2015
Source: www.out-law.com
‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’
Local Government Lawyer, 13th February 2015
Source: www.localgovernmentlawyer.co.uk
‘A raft of major changes to the regulation of procurement in the public sector in England, Wales and Northern Ireland is set to be introduced later this month.’
OUT-LAW.com, 9th February 2015
Source: www.out-law.com
‘If you’ve seen an advert in the last few years warning you to submit your tax return on time, telling you not to drink and drive, or asking you to consider joining the armed forces, chances are that the company responsible was Group M UK Limited. That company has been at the heart of an important recent case concerning the test for lifting suspensions of contracts in public procurement challenges.’
Hardwicke Chambers, 21st November 2014
Source: www.hardwicke.co.uk
Cartiera dell’Adda SpA v CEM Ambiente SpA (Case C-42/13) EU:C:2014:2345; [2014] WLR (D) 468
‘Article 45 of Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009), read in conjunction with article 2 of the Directive, and the principle of equal treatment and the obligation of transparency did not preclude the exclusion of an economic operator from a procurement procedure on the ground that the operator had failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement that the person designated as the operator’s technical director had not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement had been provided to the contracting authority or it was shown that the person in question was identified as the technical director in error.’
WLR Daily, 6th November 2014
Source: www.iclr.co.uk
Supreme Court, 30th July 2014
‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’
WLR Daily, 19th June 2014
Source: www.iclr.co.uk
‘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.’
Hardwicke Chambers, 10th April 2014
Source: www.hardwicke.co.uk
‘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.’
OUT-LAW.com, 6th March 2014
Source: www.out-law.com
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