So many questions have been raised by the horrifying and heart-breaking events at Grenfell Tower. In addition to the questions that have been raised in the public sphere it seems to me that there may be core questions that should be obvious to those of us that have been involved in public procurement but may … Continue reading Are procurement and construction processes fit for purpose?
Theresa May is reportedly planning, in the long term, to withdraw the United Kingdom from the European Convention on Human Rights (“ECHR” or “the Convention”) by introducing such a commitment in the next Conservative Party manifesto. After the Supreme Court’s judgment in R(Miller and another) v Secretary of State for Exiting the EU  UKSC … Continue reading Miller and the Human Rights Act 1998: can the Government withdraw the UK from the ECHR by the royal prerogative?
This post discusses FP McCann Limited v The Department for Regional Development  NICh 12. Mr Justice Colton, sitting in the High Court in Belfast, concluded last week that the Department for Regional Development was in breach of the Public Contracts Regulations 2006 in respect of the award of a contract to design and construct the … Continue reading Decision that tender was abnormally low was flawed
Procurement law practitioners will no doubt have diverse views as to what the United Kingdom should decide on 23 June 2016. Some may even be concerned that their views are confused by self-interest in maintaining a lively procurement law jurisdiction. I suggest that we need have no such concern. Procurement law will not disappear upon … Continue reading Procurement law after Brexit?
The recent Supreme Court decision Edenred (UK Group) Ltd and another v HM Treasury  UKSC 45 has already been the subject of a full note in Practical Law (see Legal update, Supreme Court dismisses appeal against government decision not to tender for administration of new scheme). In this short piece we consider some of the … Continue reading Edenred – a deceptively narrow decision but with wide reaching consequences
One of the key features of public procurement law and practice is that the system is designed to produce predictable and transparent outcomes. The expectation is that the stated tender evaluation system should generate an answer in a manner that is protected from inappropriate interference and should be seen as predictable by bidders. It should … Continue reading Random Effects of Scoring Price in a Tender Evaluation