“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.”
Local Government Lawyer, 30th October 2013
Source: www.localgovernmentlawyer.co.uk
“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
“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.”
Local Government Lawyer, 8th October 2013
Source: www.localgovernmentlawyer.co.uk
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 for taking part in trade union activity face being barred from multibillion-pound public sector contracts under plans unveiled by the Welsh government.”
The Guardian, 11th September 2013
Source: www.guardian.co.uk
“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.”
Hardwicke Chambers, 8th August 2013
Source: www.hardwicke.co.uk
“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
“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
“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.”
LegalVoice, 11th April 2013
Source: www.legalvoice.org.uk
“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.”
HM Treasury, 14th February 2013
Source: www.hm-treasury.gov.uk
“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.”
Ministry of Justice, 13th December 2012
Source: www.justice.gov.uk
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
“Public sector bodies cannot guarantee the confidentiality of bid information in the aftermath of an Information Rights Tribunal ruling, an expert has said.”
OUT-LAW.com, 27th November 2012
Source: www.out-law.com
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
Local Government Law Update: 14 May (PDF)
Local Government Law Update: 15 May (PDF)
11 KBW, May 2012
Source: www.11kbw.com
Local Government Law Update: 28th March (PDF)
Local Government Law Update: 30th March (PDF)
Local Government Law Update: 2nd April (PDF)
11 KBW, April 2012
Source: www.11kbw.com
“A member state was required to make legislative provision that, where a tenderer offered an abnormally low price in the course of a public procurement process pursuant to Directive 2004/18/EC, the contracting authority was obliged, pursuant to article 55 of the Directive, to ask the tenderer in writing to clarify its price proposal.”
WLR Daily, 29th March 2012
Source: www.iclr.co.uk
Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4
“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”
WLR Daily, 20th January 2012
Source: www.iclr.co.uk
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