Showing 1-12 of 29 results

Judicial review fundamental principles are clarified in McAleenon

The Supreme Court has clarified fundamental principles of administrative law, reiterating the role of JR and the suitable alternative remedy principle

04 November 2024

Burges Salmon contributes to Law of Artificial Intelligence

Burges Salmon are delighted to have contributed to the chapter Public Law and Procurement Law in the practitioner’s textbook The Law of Artificial Intelligence (2024)

16 September 2024

Preparing for change: Challenges/remedies

A deep dive into the challenge regime under the Procurement Act 2023
03 June 2024

High Court ruling considers limitation periods in public contract direct awards

This case highlights the importance of correct application of limitation periods under Regulation 93 of the Public Contracts Regulations 2015

21 December 2023

The National Lottery Case: Lessons for Interested Parties

Sub-contractors and group companies cannot bring procurement challenges. Costs can be awarded to interested parties but only where the court finds their input necessary or useful.
27 September 2023

What does the Provider Selection Regime mean for remedies and dispute resolution?

We examine the implications of DHSC’s new proposals for remedies and enforcement relating to procurements of healthcare services
17 July 2023

Managing the costs of Subsidy Control Act appeals

The Court of Appeal has set out principles that will influence the scope, costs and cost risk of subsidy decision appeals under the Subsidy Control Act 2022
13 July 2023

Public Procurement: Modification to an awarded contract: Lessons from James Waste v Essex County Council

The judge held that the “safe-harbour” tests in Reg 72 should be interpreted narrowly but, in this case, one of those safe-harbour tests was met. The variation was permissible, and the claim failed.
26 May 2023

The Procurement Bill: Recent changes following exit from House of Commons Committee Stage

Analysing four key substantive changes to the Procurement Bill following its exit from the House of Commons Committee Stage, including important changes to the new debarment regime
10 March 2023

The tail that wags the dog: What is reasonable and proportionate documentary disclosure in the context of procurement litigation?

We consider two recent judgments on the appropriate scope of disclosure for both a contracting authority and a challenging bidder

12 December 2022

Savings in PFI Contracts: is your insurance cost/gain share regime being properly applied?

As the costs of insuring PFI projects fall, is the public sector receiving its proper share of premium savings? Recent adjudication success calls into question

10 June 2022

COVID-19 impact on construction disputes – our top tips for virtual proceedings

The pandemic has significantly changed how construction claims are dealt with. We look at the impact on adjudication, arbitration and litigation
14 August 2020
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