Practical Law

This was the last in a series of claims brought against the Legal Services Commission (LSC) relating to the 2010 round of tenders for legal services contracts. Proceedings were issued in the Administrative Court in November 2010 and only reached trial (in the TCC) in October 2017. Mr Justice Coulson commented on the procedural history … Continue reading Judgment was handed down on 31 October 2017 by Mr Justice Coulson in R (Hersi & Co Solicitors) v The Lord Chancellor (as successor to the Legal Services Commission) →

Judgment was handed down in Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group (CCG) and NHS Dartford, Gravesham and Swanley ([2016] EWHC 1393 (TCC)) (Kent CCGs) on 27 May 2016. This case relates to a tender for adult community services in North Kent. The claimant, an NHS Foundation Trust and incumbent provider (Trust), was … Continue reading Are damages an adequate remedy for a not for profit company? →

Public procurement law is based on the free movement principles of the Treaty on the Functioning of the European Union (TFEU). It requires equal treatment and transparency in public tendering. Competition law seeks to ensure that EU and national markets operate efficiently for the benefit of consumers. It prohibits cartel activity, the abuse of dominance … Continue reading What role do competition law principles play in public procurement? →

A previous blog has provided a useful overview of the light touch regime in the draft Public Contracts Regulations 2015 (Draft Regulations) and its application to health care services. In this post, Simon Taylor, barrister at Keating Chambers, considers a few key questions relating to NHS health care services which are hanging in the air.

Simon Taylor, Keating Chambers: In this post, Simon examines the changes in the new NHS (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 (the NHS Regulations). For his analysis of the old regulations, see Article, New procurement regulations for NHS healthcare services: big bang or evolutionary competition?

Simon Taylor, Antitrust Partner, Wragge & Co LLP: 38 degrees is campaigning hard this week with e-mails to members of the public urging them to persuade their MPs to vote against the Health and Social Care Bill  (the Bill). Not surprisingly, 38 degrees have gone to lawyers to bolster their campaign and a counsel’s opinion … Continue reading The public procurement and competition implications of the government’s health reforms: who should we believe? →