So, what happens now? It appears from the Prime Minister’s speech at the Conservative party conference, and the responses emerging from the EU, that Brexit now means not only Brexit but Hard Brexit: no freedom of movement = no membership of the internal market (although it seems possible that negotiations, when they start, will lead … Continue reading Brexit: What next for public procurement?
Judgment was handed down in Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group (CCG) and NHS Dartford, Gravesham and Swanley ( 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.
David Gollancz, barrister, Keating Chambers: David Gollancz looks at the following notable judgments on disclosure applications in three procurement cases: Roche Diagnostics Limited v The Mid-Yorkshire Hospitals NHS Trust  EWHC 933 (TCC). Pearson Driving Assessments Ltd. v Minister for the Cabinet Office and Secretary of State for Transport  EWHC 2082 (TCC). Covanta Energy Ltd. v … Continue reading Specific disclosure in procurement cases: forcing an early victory
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?
David Gollancz, Keating Chambers: Ineffectiveness is a horrible remedy. Indeed calling it a “remedy” seems ironic: it does not make anything better. Ineffectiveness is by definition only available where the contract has been entered into, and the limitation period is six months. It follows that in many cases ineffectiveness will bite when contractual relationships are … Continue reading Now we are married, let’s talk about the divorce: ineffectiveness in public procurement