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Carillion: implications for public contracts

With the number of Carillion’s contracts with the government running into hundreds, Ruth Murray analyses on LexisPSL the impact of Carillion’s collapse on its public contracts and outlines the next steps that authorities should take.

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News headlines

Feb 06, 2018

Legal Aid Agency cancels procurement of education and discrimination services

The Legal Aid Agency has cancelled its procurement process for CLA (Civil Legal Advice) education and discrimination services from 1 September 2018.
Feb 01, 2018

Council faces legal challenge over award of children’s public health contract

Two NHS trusts have brought a legal challenge over Lancashire County Council’s award of a contract for public health services for children aged 0 to 19.
Jan 23, 2018

County council agrees exit deal with £10m+ payment after Carillion collapse

Oxfordshire County Council has formally terminated its contract with Carillion LGS Limited, following the collapse of the parent company last week.
Jan 11, 2018

Government Legal Department produces slimline ‘Public Sector Contract’

The Government Legal Department (GLD) has produced a new, slimline ‘Public Sector Contract’ which it claims will allow small and medium-sized enterprises (SMEs) to bid for billions of pounds worth of government facilities management contracts more…
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.

Features and analysis

Procurement challenges and non-parties

Procurement iStock 000002542569XSmall 146x219
Preferred bidders need to protect their interests in procurement challenges. They may choose not to be a party to the claim but they may still have to pay another party’s costs, write Ian Tucker, Chris Jackson and John Houlden.

Pass/fail questions and disqualification

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Does failing a pass/fail question in public procurement = disqualification? Emma Butcher analyses a recent Technology and Construction Court ruling.

Post Carillion insolvency: what next

Projects portrait1
The collapse of Carillion this week has thrown up a range of issues for local authorities and other public bodies. David Kilduff, James Mills and Kate Webster chart a way forward.

VAT, sporting activities and HMRC

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Shimon Shaw looks at an HMRC announcement in relation to VAT and local authorities' provision of sporting activities.

Older articles

Jan 04, 2018

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.
Jan 04, 2018

The CCS' public procurement policy

The Crown Commercial Service (CCS) has reissued its public procurement policy. Melanie Pears and Tim Care highlight the key points.
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.
Dec 08, 2017

Running local authority trading companies

When it comes to local authority trading companies, who should be involved? Members, officers, others? Rob Hann reports.
Dec 01, 2017

Supply chain sustainability

LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.
Nov 24, 2017

What next for damages?

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.
Nov 24, 2017

Setting up local authority companies

After 21 years as author of Local Authority Companies and Partnerships (‘LACAP’) and practising as a local government lawyer, Rob Hann provides some practical tips for local authorities setting up LACAPs.
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.

Carillion: implications for public contracts

Lexis Public Sector 146x219With the number of Carillion’s contracts with the government running into hundreds, Ruth Murray analyses on LexisPSL the impact of Carillion’s collapse on its public contracts and outlines the next steps that authorities should take.

Hits: 66

Read more: Carillion: implications for public contracts

Procurement challenges and non-parties

Procurement iStock 000002542569XSmall 146x219Preferred bidders need to protect their interests in procurement challenges. They may choose not to be a party to the claim but they may still have to pay another party’s costs, write Ian Tucker, Chris Jackson and John Houlden.

Hits: 53

Read more: Procurement challenges and non-parties

Post Carillion insolvency: what next

Projects portrait1The collapse of Carillion this week has thrown up a range of issues for local authorities and other public bodies. David Kilduff, James Mills and Kate Webster chart a way forward.

Hits: 112

Read more: Post Carillion insolvency: what next

Pass/fail questions and disqualification

Checklist 2 146x219Does failing a pass/fail question in public procurement = disqualification? Emma Butcher analyses a recent Technology and Construction Court ruling.

Hits: 60

Read more: Pass/fail questions and disqualification

VAT, sporting activities and HMRC

Cutbacks iStock 000013353612XSmall 146x219Shimon Shaw looks at an HMRC announcement in relation to VAT and local authorities' provision of sporting activities.

Hits: 58

Read more: VAT, sporting activities and HMRC

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