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Legal update

Does the Thames Tideway Tunnel show the way for post-Brexit infrastructure funding?

Brexit raised concerns about the future funding of infrastructure. We consider whether the innovative Thames Tideway Tunnel funding model shows the way for the delivery of other projects.
28 September 2016

Legal update

Costs in adjudication: can you recover using the Late Payment Act?

Does the Late Payment of Commercial Debts (Interest) Act 1998 provide a way of claiming costs in adjudication? The recent case of Lulu v Mulalley has reignited debate.
28 September 2016

Legal update

NEC3 Activity Schedules: get them right or suffer the pain

Activity Schedules under the NEC3 forms of contract – there's more to them than meets the eye. A failure to understand their subtleties can lead to confusion and serious cash flow implications.
28 September 2016

Legal update

Is domestic arbitration set for a resurgence?

Domestic arbitration has been overtaken by adjudication and the efficiency of the TCC. With uncertainty over Brexit and the increased cost of litigation is arbitration set for resurgence?
28 September 2016

Legal update

Public procurement: when is a development agreement not a public works contract?

A review of R (Faraday Development Ltd) v West Berkshire Council and another which offers guidance on how development agreements can be structured to fall outside the scope of public procurement law.
22 September 2016

Publication

The whole truth? the duty of candour in judicial review

In judicial review proceedings, the parties are under what is known as a ‘duty of candour’ which might be called an obligation to put all their cards on the table.
24 May 2016

Legal update

Erroneous procurement procedure: OHIM compensate European Dynamics for opportunity loss

European Dynamics will be awarded compensation after OHIM applied more weight to certain scoring sub-criteria than it had advertised it would.
23 October 2015

Legal update

Widespread errors in European procurement should lead to EU funds being withheld

There were errors in 40 per cent of the public procurement processes used to distribute EU budget funds in 2007-2014.
24 September 2015

Publication

Cabinet Office Guidance: "Public/Public" Contracts

The Cabinet Office has published guidance concerning contracts between two public bodies, restating parts of Teckal and Hamburg and referring to new provisions in Public Contracts Regulations 2015.
09 September 2015

Publication

Cabinet Office Consultations: Transposition of Concessions and Utilities Directive

The Cabinet Office has published consultations concerning the UK transposition of the new Concessions Directive and the revised Utilities Directive with draft Regulations coming by April 2016.
26 August 2015

Publication

Public Procurement Mystery Shopper Scheme; a new statutory obligation to comply

The Mystery Shopper Scheme is an alternative for suppliers to bring a complaint about poor procurement practice. We explain how the law affords greater enforcement powers to the Mystery Shopper Scheme.
08 June 2015

Publication

Technical requirements and the exclusion of market progress

Public Procurement regulation can be seen to make it difficult for public bodies to buy the most up-to-date equipment. This article explores how a Romanian public authority got around this.
22 May 2015
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