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Masthead Local Govt - Procurement and Contracts

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Decisions on care home fees

The High Court recently rejected a judicial review challenge to a council's decision on care home fees. Claire Booth explains why.

News headlines

Jan 08, 2018

Government issues policy note on procurement and data protection changes

The Crown Commercial Service has published a policy note (PPN) on the impact on procurement of changes to data protection legislation and the General Data Protection Regulation.
Dec 18, 2017

Government publishes single guidance note on transparency in procurement

The Crown Commercial Service has issued a procurement policy note bringing together public bodies’ responsibilities in relation to transparency.
Dec 13, 2017

Warning of legal challenge to procurement of residential care places for children

The Independent Children's Homes Association (ICHA) has warned that a legal challenge to local authority procurement of care places is possible without radical reform of the current system.
Dec 08, 2017

Court of Appeal sends council and football club owners to mediation in state aid row

The Court of Appeal has ordered Coventry City Council and the owners of Coventry City Football Club, the Sisu group, to mediate their long-running dispute over the Ricoh Arena.
Nov 22, 2017

Tribunal rejects call for disclosure of legal advice on amusement park project

An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.
Nov 08, 2017

Court of Appeal to hear row over motion on boycott of Israeli settlement goods

A Jewish campaign group has won permission from the Court of Appeal to challenge a High Court ruling over a motion passed by Leicester City Council to boycott goods from Israeli settlements on the West Bank.

Features and analysis

The CCS' public procurement policy

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The Crown Commercial Service (CCS) has reissued its public procurement policy. Melanie Pears and Tim Care highlight the key points.

Running local authority trading companies

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When it comes to local authority trading companies, who should be involved? Members, officers, others? Rob Hann reports.

Supply chain sustainability

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LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.

What next for damages?

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A recent EFTA court ruling on whether the gravity of a breach of the EEA rules on public contracts is relevant for the award of damages is at odds with a Supreme Court judgment. Helen Prandy explains why this could be important post-Brexit.

Older articles

Nov 22, 2017

Tribunal rejects call for disclosure of legal advice on amusement park project

An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.
Nov 17, 2017

Concurrent delay conundrum conquered

The TCC has just resolved a longstanding conflict between two competing principles of construction law, deciding that the “prevention principle” doesn’t stop clients placing the whole risk of concurrent delay on their contractor. Emily Aldridge…
Nov 10, 2017

If you snooze you lose

A recent Technology and Construction Court ruling has emphasised how an unsuccessful bidder must have a good reason if an extension of time is to be granted. Helen Prandy reports.
Nov 08, 2017

Court of Appeal to hear row over motion on boycott of Israeli settlement goods

A Jewish campaign group has won permission from the Court of Appeal to challenge a High Court ruling over a motion passed by Leicester City Council to boycott goods from Israeli settlements on the West Bank.
Nov 03, 2017

Simple breach of procurement law “sufficient to trigger liability”: EFTA Court

The gravity of a breach of the EEA (European Economic Area) rules on public contracts is irrelevant for the award of damages, the EFTA (European Free Trade Association) Court has ruled.
Nov 03, 2017

Bringing PFI projects back in-house

Rob Hann, who led the 4ps/Local Partnerships legal team throughout the PFI programme in local government, takes a look at Labour’s recent pledge that it will bring PFI contracts back in house if it gets into power.
Nov 03, 2017

Obtaining interim relief

Melanie Pears and Tim Care look at a recent court decision in of the European General Court, in response to a claim brought against the European Central Bank (ECB), for the award of a contract to a third party instead of the applicant.
Nov 03, 2017

Councils, VAT and outsourced management

Simon Randall and Scott Harwood consider the implications for local authorities of a recent Court of Justice of the European Union decision in a VAT case involving the London Borough of Ealing.
Oct 27, 2017

Deadlines and supplementary information

Allowing supplementary information after the deadline for bid submissions – how far can you go? Fran Mussellwhite reports.
Oct 20, 2017

Exclusion of tenderers

Melanie Pears and Tim Care consider a Court of Justice of the European Union (CJEU) ruling that Directive 2004/18/EC does not preclude national rules for automatic exclusion of a tenderer in circumstances in which a member of a bidding consortium…
Oct 13, 2017

Public procurement after Brexit

Simon Randall CBE has written a paper for the Society of Conservative Lawyers on public procurement after Brexit. Here he puts forward some of the key points.
Oct 06, 2017

The Supplier Code of Conduct

Melanie Pears and Tim Care take a look at the Supplier Code of Conduct, which has been introduced by the Government with the aim of helping suppliers understand the standards expected of them when they are contracting with the Government.
Sep 21, 2017

Court of Appeal grants permission for challenge to sale by council of sports ground

The owner of Coventry City Football Club has been given permission by the Court of Appeal to challenge a High Court ruling that it cannot judicially review Coventry City Council’s sale of the club’s ground to Wasps Rugby Club.
Sep 15, 2017

EU grant funding terms

Would your compliance with EU grant funding terms stand up to scrutiny? Tiffany Cloynes looks at the potential issues.
Sep 15, 2017

Remedies and not-for-profit bodies

Stephen Pearson analyses a recent procurement case on remedies that will be of interest to contracting authorities and not-for-profit organisations in particular.
Sep 13, 2017

Police clear council leader of corruption after investigation

The leader of a council in Scotland has been cleared of any wrongdoing following a police investigation into allegations of corruption made against him.
Sep 08, 2017

Report on highways contract litigation costing county £20m+ criticises documentation

A report into Cumbria County Council’s termination of a highways maintenance contract and subsequent litigation that cost the local authority £26m between 2012 and 2017 has criticised the contract documentation.
Aug 31, 2017

Good governance in a 'commercial council'

As more and more authorities are following the ‘commercial council’ model, Richard Auton and Kate Webster outline and evaluate the risks that come with the rewards.
Aug 30, 2017

Waste authority axes PFI contract, says procurement regulations stop delivery of savings

A High Court judge has urged councils to seek “culturally matched placements” for vulnerable children after approving a request by Tower Hamlets council to move a Christian looked after five-year-old girl from Muslim foster parents to her…
Aug 29, 2017

Decision by BUPA to sell some care homes to another operator “unlawful”, says council

BUPA’s plans to sell some of its care homes to another operator, HC-One, are unlawful and could be subject to legal challenge, the leader of Powys County Council has claimed.

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