COVID-19: Responsible contracting behaviour

Katrina Day and Lee Clarke summarise key recommendations from the Government on contracting and how they might impact on housing providers' relationships with contractors. Read more
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  NEWS

May 07, 2020

Court dismisses procurement and judicial review claims against county council over vehicles contract for being out of time

The Technology and Construction Court has dismissed procurement and judicial review claims over a multi-million pound contract for the supply and maintenance of fleets of tractor cabs and trailers to a council-owned operator of waste processing facilities.
Mar 20, 2020

Government issues policy note and guidance on public procurement and responses to COVID-19

The Cabinet Office has issued a Procurement Policy Note (PPN) setting out information and associated guidance on the public procurement regulations and responding to the COVID-19 outbreak.
Mar 18, 2020

High Court to hear dispute between leisure trust and regional park authority over management fee

The High Court is due tomorrow (19 March) to hear an action brought by Lee Valley Leisure Trust as part of a bitter dispute with the Lee Valley Regional Park Authority.
Mar 12, 2020

Law firm advises district council in new leisure deal

Blake Morgan has supported Chiltern District Council in the completion of a leisure management procurement deal for three leisure centres worth nearly £36m.
Mar 06, 2020

Lord Chancellor backs report of Law Commission on electronic execution of document

The Lord Chancellor has said he agrees with the Law Commission’s conclusion that formal primary legislation is not necessary to reinforce the legal validity of electronic signatures.
Mar 05, 2020

Inconsistent take-up of Cabinet Office guidelines on outsourcing means government risks “another Carillion”: report

The government risks "another Carillion" if it does not get behind the reforms put forward after the firm’s liquidation, a report from the Institute for Government has warned.
Mar 02, 2020

Judge rejects bid by defendant to have expert evidence ruled inadmissible in £6m breach of contract claim brought by council

A High Court judge has dismissed an application by a defendant company that a council bringing a £6m claim for alleged breaches of contract, in relation to the design and construction of a new tram depot, should not be permitted to rely upon the evidence of two experts.
Mar 02, 2020

Claimant fails in legal challenge over abandonment of procurement of strategic estates partnership

An NHS trust has defeated a legal challenge over its decision to abandon a procurement exercise for a 10-year strategic estates partnership (SEP), in circumstances where it had previously made a decision to award the contract to the claimant.
Jan 20, 2020

NAO releases report on investigation into rescue of Carillion’s PFI hospital contracts

The government declined to bail out two PFI schemes being built by failed construction firm Carillion for risk of setting a precedent that the taxpayer would bear the risk of future PFI projects that ran into trouble, a report published last week by the National Audit Office has found.
Nov 28, 2019

Former Deputy Head of Legal at Blackpool joins Forbes Solicitors as Senior Associate

The former acting Head of Legal and Deputy Head of Legal (Regeneration and Governance) at Blackpool Borough Council, Gemma Duxbury, has joined Forbes Solicitors as a Senior Associate.

  FEATURES AND ANALYSIS

May 14, 2020

The impact of COVID-19 on the construction sector

In this construction law webinar, the team at Blake Morgan discuss the impact COVID-19 is having on the construction sector.
May 12, 2020

Ultra vires contracts and maintained schools in the Commercial Court

Following a two-week trial, Foxton J has handed down a very significant judgment concerning the application of the ultra vires doctrine to contracts with public bodies, specifically the powers of education bodies to enter into finance leases. Barristers at 11KBW explain the ruling.
May 01, 2020

Construction and commercial contracts during COVID-19

The pandemic has already had a profound effect on business operations. With that in mind, Justin Mendelle and Helen Batter turn their attention to how contracting parties in the commercial and construction industries can protect themselves in existing and future contracts.
April 14, 2020

COVID-19 and procurement processes

Procurement is one of those areas where, with some sensible and reasonable adjustments, progress can still be made during the coronavirus pandemic. Lucy Doran explains how.
April 09, 2020

PFI and PF2 projects during the coronavirus

The government has issued IPA guidance on PFI/PF2 projects during COVID-19. Olivia Blessington looks at what it says.
April 09, 2020

The European Commission on public procurement during COVID-19

The European Commission has published a Communication “Guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis”. Susie Smith examines what it has to say.
March 23, 2020

COVID-19 and new State aid exemptions

The European Commission has adopted new State aid exemptions to allow Governments to alleviate the economic impact of COVID-19. Jonathan Branton and Alexander Rose analyse the provisions.
March 18, 2020

Coronavirus - contracts, force majeure and frustration

Paula Dumbill analyses the issues around force majeure provisions and the common law doctrine of frustration.

  MORE NEWS

Oct 09, 2019

Court of Appeal dismisses procurement challenge over award of leases for land housing outdoor advertising structures

The Court of Appeal has rejected a legal challenge to a London borough’s award of leases for land on which structures that support large digital advertising screens are situated.
Oct 01, 2019

NHS bodies urge scrapping of s.75 tendering rules and removing healthcare commissioning from Public Contracts Regulations

There is strong public and NHS staff support for scrapping section 75 of the Health and Social Care Act 2012 and for removing the commissioning of NHS healthcare services from the jurisdiction of the Public Contracts Regulations 2015, NHS England and NHS Improvement have said.
Sep 26, 2019

Elected mayor criticises North East transport body over procurement of train contract

Tees Valley’s Conservative elected mayor has criticised the region’s Labour councils over the reported award of a rail contact to a foreign firm instead of locally-based Hitachi Rail.
Sep 19, 2019

Guidance issued for Whitehall departments and other bodies on managing modern slavery risks in procurement

The Cabinet Office has issued a procurement policy note (PPN) and guidance setting out how Government departments should identify and manage modern slavery risks in both existing contracts and new procurement activity.
Sep 09, 2019

Electronic signatures can be used to execute documents as long as usual rules are met: Law Commission

Electronic signatures can be used to execute documents, including where there is a statutory requirement for a signature, the Law Commission has said.
Aug 15, 2019

Council succeeds in getting procurement claim brought by NHS trust struck out

The Technology and Construction Court has accepted Cornwall Council's arguments that a procurement claim made against it by the Royal Cornwall Hospitals NHS Trust should be struck out.
Aug 12, 2019

Unsuccessful bidder challenges TfL over award of contract for proposed Silvertown Tunnel

The reserve bidder for the design, build, finance and maintain contract for the proposed Silvertown Tunnel has launched a legal challenge to the procurement process undertaken by Transport for London.
Aug 06, 2019

Council defeats High Court bid for declaration of ineffectiveness over development agreement

A High Court judge has dismissed a property investment company’s bid for a declaration of ineffectiveness of a contract entered into by Basingstoke and Deane Borough Council for a major regeneration scheme.
Aug 02, 2019

Leak of £22m council regeneration scheme documents referred to police

North Yorkshire Police are investigating a leak of Council documents which revealed plans by Scarborough Borough Council to borrow £22 million to fund a regeneration scheme.
Jul 11, 2019

Oxford becomes first authority to sign up to 'Councils for Fair Tax Declaration', calls for procurement law changes

Oxford City Council has become the first local authority to sign up to the Councils for Fair Tax Declaration, which calls on the EU and UK governments to review procurement legislation and support greater powers for the exclusion of ‘tax dodgers’.
Jul 02, 2019

Select committee backs plans to reduce burdens of competition rules on NHS

Collaboration, rather than competition, is the best way forward for the NHS and the wider health and care system, MPs on the Health and Social Care Committee have said.
Jun 12, 2019

NHS Counter Fraud Authority identifies key areas for investigation in 2019/20

General practice contracts, pharmaceutical contractors and procurement and commissioning will be the key areas investigated by the NHS Counter Fraud Authority in the coming year.
Jun 12, 2019

Contract insourcing on the rise: APSE

New research from the Association of Public Service Excellence (APSE) has found that the ‘insourcing’ of local authority services is growing strongly, with 73% of survey respondents suggesting they were in the process of insourcing a service and 45% having already done so.
May 29, 2019

Judge issues ruling in preliminary trial of legal actions over highways procurement and abandonment decision

A High Court judge has handed down his findings in a preliminary trial of a procurement challenge brought over the award of a highways contract where the claimant scored just 0.03 lower than the winning bidder.
May 23, 2019

State aid complaint to Brussels sees stadium row rumble on

Coventry City Football Club’s owner has made a complaint to the European Commission that the city council’s sale of the Ricoh Arena to Wasps rugby club breached state aid rules.
May 23, 2019

Judge gives clinical commissioning group go-ahead to award elective surgery contract

A judge has this week allowed Rushcliffe Clinical Commissioning Group (CCG) to award an elective surgery contract to Nottingham University Hospitals (NUH) NHS Trust, following a legal challenge by Circle Health.
May 21, 2019

Judge refuses application by unsuccessful bidder for injunction over award of road improvement contract

A High Court judge has refused an application by an unsuccessful bidder for an interim injunction over the London Borough of Haringey’s decision to award a £630,000 road-improvement contract near the new Spurs stadium to a rival contractor.
May 13, 2019

Department for Transport knew in advance of signing freight contracts that procurement challenge was likely to succeed

The accounting officer at the Department for Transport concluded that a procurement challenge was likely to be successful if it was raised over the signing of contracts for additional freight capacity on ferry services between Britain and mainland Europe, it has emerged.
May 02, 2019

City council hit by legal action over procurement of bus shelters

Leicester City Council is facing a £2m legal claim from street furniture contractor JC Decaux over a contract to provide bus shelters.
May 02, 2019

Health care provider brings procurement challenge over contract award by CCG

Health care provider Circle has launched a High Court challenge against Rushcliffe Clinical Commissioning Group (CCG) over its award of an elective surgery contract to an NHS trust that Circle claims is in a poor financial state.
Apr 26, 2019

P&O Ferries in legal action against Department for Transport over £33m settlement of Eurotunnel procurement claim

P&O Ferries has initiated legal proceedings against the Government over the £33m payment to Eurotunnel to settle its claim over the award of contracts for the provision of additional freight capacity.
Apr 23, 2019

Supreme Court refuses football club owners permission to appeal state aid ruling

The Supreme Court has refused companies related to the owners of Coventry City Football Club, Sisu, permission to appeal in a dispute over decisions taken by Coventry City Council in relation to the Ricoh Arena.
Apr 11, 2019

Claimant lawyers press for early trial of incinerator procurement

Lawyers acting for campaigners against a Gloucestershire incinerator have said they will press for an early trial of their claim that it was tendered in breach of regulations.
Apr 08, 2019

Cabinet Office warns businesses to pay suppliers on time or risk losing out on government contracts

The Cabinet Office has written to more than 10,000 businesses to warn that they must pay their suppliers on time or face being prevented from winning further government contracts.
Mar 13, 2019

Cabinet Office consults on new evaluation model for social value for central government buyers

The Cabinet Office has launched a consultation on requiring central government departments carrying out procurements to take account of social impact as part of the award criteria, “where the social impact is linked to the subject-matter of the contract and proportionate to what is being procured”.

  MORE FEATURES

March 18, 2020

Procurement and Coronavirus

Procurement schedules are at risk of delay as a result of coronavirus, but provisions under the Public Contract Regulations 2015 (the PCR) can help. Jennifer Grigg highlights a number of "safe harbours" for contracting authorities offered by the PCR.
March 06, 2020

Tackling the increase in modern slavery

Tiffany Cloynes sets out how local authorities can help prevent modern slavery, including through the actions and approaches that they take as purchasers of services, and looks at the latest Government initiatives to tackle the problem.
March 06, 2020

Contracting authorities co-operating together

An Advocate General’s opinion has provided guidance on the circumstances in which contracting authorities can co-operate with other contracting authorities without needing to procure the arrangement. Richard Moore, Rebecca Powell and David Stedman analyse the findings.
January 31, 2020

Private damages claim, public procurement context: Essential limitation advice

Gwendoline Davies and Lynsey Oakdene explain the key practical takeaways from an important case on public and private law claims arising out of public procurement.
January 31, 2020

Allocation of risk in construction contracts

Rachel Murray-Smith and Oliver Slater look at the importance when entering construction contracts of the parties reflecting the allocation of risk.
January 24, 2020

Climate emergency #6: have you thought about Procurement?

Phil Roberts and Matthew Mo set out how public procurement can play a role in tackling climate change.
January 24, 2020

Public procurement challenges require strict and swift approach

Gwendoline Davies and Lynsey Oakdene offer practical advice arising from a High Court decision in a recent public procurement challenge.
January 10, 2020

Rectification of written contracts – a mistake corrected

Max Thorowgood and Jonathan Pennington Legh analyse a recent Court of Appeal ruling on the rectification of contracts.
December 17, 2019

Investing public money in district heating

Steve Gummer and Catherine Maddox analyse an important recent decision from the European Commission that will be helpful to authorities considering district heating schemes.
November 29, 2019

Confidentiality Rings

Helen Prandy sets out the key considerations when confidentiality rings are employed in procurement cases.
November 14, 2019

Collateral warranties – time is of the essence!

Social housing providers should particularly be aware of a recent case in the context of subcontractor and novated consultant warranties in their favour. Zoe Stollard and Priscilla Hall discuss how, without careful drafting, the benefit of a later collateral warranty may expire at the same time as the earlier underlying Building Contract.
November 08, 2019

Recovering costs after the lifting of automatic suspensions

Melanie Pears and Tim Care examine a case where a claimant bidder argued that the defendant contracting authority should not have all the costs of its successful application to lift an automatic suspension.
November 01, 2019

Public procurement with SMEs and the mafia

A recent judgment of the Court of Justice of the European Union should act as a reminder of the importance of adapting procurement to the needs of SMEs, writes Anja Beriro.
October 25, 2019

Government automated-decision making

Robin Allen QC and Dee Masters, who run the www.ai-lawhub.com and tweet at @AILawHub, summarise the main points from their recent report on artificial intelligence and automated decision-making in government, warning that some local authorities could be acting in a discriminatory way.
October 25, 2019

Leases, outdoor advertising and concessions

The Court of Appeal recently rejected a legal challenge to a London borough’s award of leases for land on which structures that support large digital advertising screens are situated. Mari Roberts explains why.
October 25, 2019

Supplier administrations: how to respond

What should you do if a supplier goes into administration? Chloe Poskitt provides a general overview of administration and what options are open to schools and other bodies.
October 18, 2019

Nothing to smile about: Dentists’ contract dispute highlights potential pitfalls for commercial parties

Gwendoline Davies offers practical advice for commercial contracting parties following a Court of Appeal case involving the application and interaction of common 'boilerplate' clauses, as well as the test for implying terms.
October 11, 2019

What is a ‘reasonable endeavours’ obligation, and is it a sensible solution?

Gwendoline Davies explains what a party needs to do to comply with a ‘reasonable endeavours’ obligation, and considers whether endeavours clauses are always a sensible solution.
October 11, 2019

Procuring bike share schemes

Colin Murray and Bradley Martin set out how public bodies can procure bike share schemes - without reinventing the wheel.
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October 04, 2019

Abandoning a procurement exercise - when can a contracting authority extinguish a challenge?

Lucy James looks at the legal effect of a decision to abandon a procurement exercise and whether it extinguishes an accrued cause of action a bidder may have against a contracting authority for breaches of the Public Contracts Regulations 2015 SI 2015/102 (PCR 2015).