Linking it all together: Russell v PSP [2019] – Hardwicke Chambers

Posted August 29th, 2019 in causation, construction industry, negligence, news, tenders by sally

‘Every professional negligence lawyer knows that establishing the necessary causative link between a professional’s breach of duty and the loss suffered by the client can be the most difficult aspect of any claim. That can prove even more problematic in construction professional negligence cases, in particular those involving costs “overrun”, both because of the broader range of alternative hypotheticals and the number of other professionals involved with the project.’

Full Story

Hardwicke Chambers, 6th August 2019

Source: hardwicke.co.uk

UK Home Office tendering for Modern Slavery Act compliance role – OUT-LAW.com

Posted March 26th, 2019 in forced labour, news, tenders, trafficking in human beings by sally

‘The UK Home Office is tendering for a partner to conduct an audit of corporate compliance with the reporting requirements set out in section 54 of the 2015 Modern Slavery Act (‘the Act’).’

Full Story

OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Eurotunnel challenges ‘secretive’ Brexit ferry deals – BBC News

Posted March 1st, 2019 in brexit, compensation, contracting out, news, public procurement, tenders, transport by tracey

‘The government is facing a court challenge over the contracts it awarded to three shipping firms as part of its no-deal Brexit preparations.’

Full Story

BBC News, 1st March 2019

Source: www.bbc.co.uk

Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) – Hardwicke Chambers

Posted February 20th, 2019 in building law, construction industry, contracts, documents, news, rectification, tenders by sally

‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’

Full Story

Hardwicke Chambers, 25th January 2019

Source: hardwicke.co.uk

TCC decides that new trains for the Piccadilly Line cannot be held up by procurement dispute – Henderson Chambers

Posted December 12th, 2018 in contracting out, damages, news, public procurement, railways, tenders by sally

‘This case somewhat starkly makes clear that where the automatic suspension of a public procurement process is preventing the putting in place of a key public service, it is very unlikely that the court will refuse to lift the suspension on American Cyanamid principles (ACPs). The case also makes clear that challengers cannot assume that commercial confidentiality will be enforced by way of private hearings in public procurement disputes. Written by Adam Heppinstall, barrister at Henderson Chambers.’

Full Story

Henderson Chambers, 11th December 2018

Source: www.hendersonchambers.co.uk

Council wins Court of Appeal battle over stadium and state aid – Local Government Lawyer

‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’

Full Story

Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

Council to re-evaluate bids for 0-19 public health services after High Court defeat – Local Government Lawyer

Posted August 17th, 2018 in contracting out, health, local government, news, tenders by sally

‘Lancashire County Council has announced that it will re-evaluate the two existing bids for public health services for 0 to 19 year olds from Virgin Health Care and a joint bid between Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals Foundation Trust.’

Full Story

Local Government Lawyer, 16th August 2018

Source: www.localgovernmentlawyer.co.uk

Award of contracts – Local Government Law

Posted November 2nd, 2017 in news, public procurement, regulations, tenders by tracey

‘R (Hersi & Co) v Lord Chancellor (2017) EWHC 2667 (TCC) is concerned with the defendant’s conduct of a public procurement exercise for the award of contracts to provide publicly-funded legal services relating to immigration and asylum and mental health work.’

Full Story

Local Government Law, 1st November 2017

Source: local-government-law.11kbw.com

Medical equipment expert convicted of £1.7m corruption – Crown Prosecution Service

Posted July 27th, 2017 in corruption, news, press releases, tenders by tracey

‘An expert in the procurement of medical equipment who received £1.7m in corrupt payments to help medical supply companies win tenders has been convicted of corruption.’

Full Story

Crown Prosecution Service, 26th July 2017

Source: www.cps.gov.uk

Law centres to challenge rights helpline contract – Law Society’s Gazette

Posted September 7th, 2016 in equality, human rights, law centres, news, telecommunications, tenders by sally

‘The Law Centres Network has threatened to seek judicial review of the government’s decision to award the contract for operating a discrimination helpline to security contractor G4S.’

Full story

Law Society’s Gazette, 6th September 2016

Source: www.lawgazette.co.uk

Legal aid cuts: MoJ puts brakes on changes as solicitors revolt – The Independent

Posted November 16th, 2015 in budgets, law firms, legal aid, Ministry of Justice, news, tenders by sally

‘Moves to overhaul the legal-aid system have been delayed by the Ministry of Justice (MoJ) in the face of more than 100 challenges from solicitors’ firms who claim the whole process is fundamentally flawed.’

Full story

The Independent, 15th November 2015

Source: www.independent.co.uk

Judge orders damages and not award of contract after flawed tender – Local Government Lawyer

Posted July 30th, 2015 in contracts, damages, local government, news, tenders by sally

‘A High Court judge has decided that a council which ran a “fundamentally flawed” tender evaluation process should be required to pay the claimant damages rather award it the contract.’

Full story

Local Government Lawyer, 28th July 2015

Source: www.localgovernmentlawyer.co.uk

High court challenge to government over services to Saudi prisons – The Guardian

Posted June 29th, 2015 in judicial review, Ministry of Justice, news, prisons, tenders by sally

‘The legality of a bid by the commercial arm of the Ministry of Justice to provide services for Saudi Arabia’s prisons is to be challenged in the high court.’

Full story

The Guardian, 29th June 2015

Source: www.guardian.co.uk

Court of Appeal dismisses procurement claim over delivery of tax-free childcare – Local Government Lawyer

Posted April 14th, 2015 in appeals, EC law, news, public procurement, taxation, tenders by sally

‘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.’

Full story

Local Government Lawyer, 13th April 2015

Source: www.localgovernmentlawyer.co.uk

Group M UK Ltd v Cabinet Office – Henderson Chambers

‘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

Grayling’s legal aid reforms ‘irrational’, Law Society argues – Law Society’s Gazette

Posted January 16th, 2015 in contracts, judicial review, Law Society, legal aid, news, tenders by sally

‘The lord chancellor’s decision to start a tender process for legal aid crime duty contracts is unlawful because it is “irrational”, “disproportionate” and based on a “manifest error”, the Law Society will argue in the High Court.’

Full story

Law Society’s Gazette, 15th January 2015

Source: www.lawgazette.co.uk

Let Me Stop You There… The test for lifting injunctions in public procurement challenges – Hardwicke Chambers

Posted November 27th, 2014 in advertising, EC law, injunctions, news, public procurement, regulations, tenders by sally

‘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.’

Full story

Hardwicke Chambers, 21st November 2014

Source: www.hardwicke.co.uk

Cartiera dell’Adda SpA v CEM Ambiente SpA – WLR Daily

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

Barristers’ clerks leader condemns “scandalous” local authority portal scheme – Legal Futures

Posted August 22nd, 2014 in barristers, barristers' clerks, fees, local government, news, tenders by tracey

‘A barrister portal scheme operated by the North West Legal Consortium, a group of over 30 local authorities, has been condemned as “scandalous” by the Institute of Barristers’ Clerks (IBC).’

Full story

Legal Futures, 22nd August 2014

Source: www.legalfutures.co.uk

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt