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.’

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Hardwicke Chambers, 25th January 2019


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.’

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Henderson Chambers, 11th December 2018


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.’

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Local Government Lawyer, 15th October 2018


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.’

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Local Government Lawyer, 16th August 2018


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.’

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Local Government Law, 1st November 2017


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.’

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Crown Prosecution Service, 26th July 2017


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.’

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Law Society’s Gazette, 6th September 2016


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.’

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The Independent, 15th November 2015


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.’

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Local Government Lawyer, 28th July 2015


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.’

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The Guardian, 29th June 2015


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.’

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Local Government Lawyer, 13th April 2015


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.’

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Henderson Chambers, 17th March 2015


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.’

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Law Society’s Gazette, 15th January 2015


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.’

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Hardwicke Chambers, 21st November 2014


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


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).’

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Legal Futures, 22nd August 2014


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


Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

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

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘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


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


Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by tracey

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC);   [2013] WLR (D)  397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013