Mon06262017

Last updateTue, 24 Feb 2015 5pm

Simon Jones sets out a more flexible approach to outsourcing

Typically, outsourcing projects take a long time to procure and deliver. This can be bad news for both the public sector and the supplier. Often, there has been a mismatch between what a public sector body thought that it was buying and what is ultimately delivered.

Peter Kershaw identifies the key areas for public sector collaboration in maximising development and land disposal opportunities

Independent estimates indicate that the public sector may hold around c40% of all developable sites in the UK and around c27% of all brownfield land suitable for housing. In medium-sized county towns, local mapping data also indicates that anywhere from c50% to c70% of some high streets could be owned by the public sector.

Hamza Drabu and Kayleigh Hartigan outline the findings of the Wachter Review

The long-awaited Wachter Review was published on 7 September 2016. The review was carried out by the American professor Robert Wachter and commissioned by the Department of Health (DH) to provide an assessment of the digitisation of secondary care (hospitals) in the UK and issue recommendations on the way forward. It follows a number of policy and funding announcements – including the £4.2bn funding to support the digitisation of the NHS – as well as several publications and initiatives identifying technology as a critical lever to address the multiple challenges the NHS is facing. The NHS Five Year Forward View made a commitment that, by 2020, there would be ‘fully interoperable electronic health records so that patients’ records are paperless’.

Paul Hirst summarises the findings of the Northern Freight and Logistics Report

It has been 18 months since Transport for the North (TfN) published their Northern Transport Strategy report. That report acknowledged that there has never been a single plan for freight and logistics across the North, and TfN promised to develop a Northern multi-modal freight and logistics strategy, to be published in 2016.

David Williams reports on a recent judgment on misrepresentation

The High Court recently considered whether a company was induced to conclude an agreement by way of misrepresentations made by a third party and, if so, whether the other party to the agreement was liable for the consequences.

Marian Ang and Dr Sam De Silva review recent guidance on cloud computing and outsourcing

Cloud computing has seen huge uptake by companies across all industries over the past decade. The cloud offers possibilities for all forms of enterprise, with computing resources ranging from infrastructure and data centres to software applications available both cheaply and on demand. It is a fast-growing business estimated by Gartner to triple in value to around US$67bn by 2020.

Patrick Parkin and Premila Patel report on recent updates to Contracts Finder

The Crown Commercial Service has issued updated guidance on the use of Contracts Finder – the government’s online database for public procurement opportunities and contract awards (‘Procurement Policy Note 07/16’).

Dr Alexander Csaki and Martin Conrads assess the judgment of the European Court of Justice on ‘open-house contracts’ and its implications for the European procurement market

On 2 June 2016, the European Court of Justice (ECJ) decided on the legitimacy of so-called ‘open-house contracts’ and their compliance with European public procurement law (Dr Falk Pharma GmbH v DAK-Gesundheit [2016]). The ECJ acted on a request for a preliminary ruling under Art 267 of the Treaty on the Functioning of the European Union (TFEU) by the Higher Regional Court (Oberlandesgericht (OLG)) Düsseldorf. The ECJ decided that awards of open-house contracts are excluded from the scope of European public procurement law. This decision has extensive practical significance for public procurement practice and presents some new challenges for public procurement authorities and economic undertakings alike.