REUTERS | Sharif Karim

This is the latest in our series of quarterly education update blogs which will enable readers to catch up on the most important cases, issues or developments in education law from July 2015 to September 2015. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal development that are covered or if you think we have missed something that should be brought to the attention of education law practitioners.

In this post, we look at:

  • Recent case law.
  • Legislative developments.
  • Government guidance and policy statements.

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REUTERS | Mick Tsikas

August and September’s case digest includes a High Court decision granting an application by a council to lift an automatic suspension on its award of a contract and a General Court ruling rejecting claims that the European Court of Justice abused its power in eliminating a subcontractor from a bidding process.

Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that we have missed a case that should be brought to the attention of public procurement practitioners. Continue reading

REUTERS | Russell Boyce

On 26 August 2015, the Cabinet Office and Crown Commercial Service published guidance on the procurement rules relating to “Public/Public Contracts” under the Public Contracts Regulations  2015 (SI 2015/102) (PCR 2015).

The guidance summarises the key points of the drafting of regulation 12 PCR 2015 (public contracts between entities in the public sector) and provides a copy of the regulation. Regulation 12 is a provision that did not appear in earlier procurement directives. It exempts two types of public to public contracts from the need to seek competition under the regime. Continue reading

REUTERS | Dani Cardona

In judicial review, there is no duty of standard disclosure under the Civil Procedure Rule 31. A defendant, whose decision or action is challenged by way of judicial review, owes a duty of candour to give a true and comprehensive account of the decision-making process (Secretary of State for Foreign & Commonwealth Affairs v Quark Fishing Ltd [2002] EWCA Civ 1409) and, as a matter of good practice, a public authority will ordinarily exhibit a document that is significant to its decision as the primary evidence.

This post considers the High Court decision in Mehan and others v Commissioners for HM Revenue & Customs [2015] EWHC 2569 (Admin) and how the court applied the existing judicial review principles relating to disclosure in judicial review claims. Continue reading