Brexit: What next for public procurement?
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? →
Transposing the Directive: What needs clarifying in the Public Contracts Regulations 2014
The government has indicated its intention to transpose Directive 2014/24/EU into UK law by the end of the year through enacting the Public Contracts Regulations 2014. They will use a copy-out approach to the transposition, reflecting the Directive more or less word for word. The aim of this approach is to avoid gold-plating and so … Continue reading Transposing the Directive: What needs clarifying in the Public Contracts Regulations 2014 →
Specific disclosure in procurement cases: forcing an early victory
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 →
Now we are married, let’s talk about the divorce: ineffectiveness in public procurement
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 →