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Legal update

The Procurement Bill: Key changes as it leaves the House of Lords

We analyse the most substantive amendments to the Procurement Bill following completion of its passage through the House of Lords
10 January 2023

Legal update

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

Legal update

Procurement Expert View: Why the automatic suspension to prevent contract signature rarely remains in place

Analysing cases since 2017, and looking at the applicable test through the latest case law (Practice Plus), we consider the factors which have led to the overwhelming majority of automatic suspensions being lifted in procurement cases over the last 5 years
18 November 2022

Legal update

The Procurement Bill: Key changes proposed following the House of Lords Committee Stage

In this article we analyse some of the key proposed updates to the Procurement Bill following its progress through the Committee stage of the House of Lords

18 November 2022

Legal update

“You ought to have known”: Limitation arguments in the context of new claims in existing procurement litigation

The Court provides further guidance on when things about which a Claimant “ought to have known” will start the 30 day limitation clock for procurement challenges. (Siemens v HS2)
07 November 2022

Legal update

“You ought to have known”: Deeper Dive on how specific factors drove the limitation outcome in Siemens v HS2

This article is our in more depth review of the facts of the latest Siemens v HS2 judgment in which the Court provided guidance on when things about which a Claimant “ought to have known” will start the 30 day limitation clock for procurement challenges
07 November 2022

Legal update

Procurement Bill: The Government publishes new training proposals and guidance

Government Procurement Reform Team seeks to prepare contracting authorities, utilities, concessions, and the defence sector for the advent of the Procurement Act with awareness, preparedness and training tools
31 October 2022

Legal update

Claimant obtains a suspension of a live procurement with no cross-undertaking in damages

A public authority has been ordered to halt a procurement mid-competition, without the challenger giving a cross-undertaking in damages. The Court also expressly linked the 'sufficiently serious' test to the test for an injunction.
13 October 2022

Legal update

Healthcare Procurement - Awaiting the NHS Provider Selection Regime

The NHS Provider Selection Regime will introduce new, NHS-specific rules for the procurement of certain healthcare services. This article takes a look at what we know so far.
03 October 2022

Legal update

Braceurself Part 2: Successful Claimant denied damages as breach was not “sufficiently serious”

Despite a bidder succeeding in its legal claim, establishing that the Contracting Authority breached procurement law and that it should have been awarded the contract, it has been left without any damages

20 September 2022

Legal update

Procurement Expert View on Expedited Trials and Automatic Suspension following Camelot’s withdrawn appeal in the National Lottery litigation

We consider the recent range of outcomes in interlinked applications for expedited trials and to lift the automatic suspension
07 September 2022

Legal update

Publicly procured contract ‘shortened’ by court for breaches

NHS Clinical Commissioning Groups fined and Contract Shortening Order made after unlawful ‘manipulation’ of procurement process to ensure winner

05 September 2022
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