Update: The best of times, the worst of times

In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …
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Judicial Review: Standing tall

Stephen Sellers reports on recent case law on the ‘standing’ to apply for judicial review ‘The question of councillors standing for local authorities when bringing judicial review proceedings to procurement cases is ripe for consideration by the Court of Appeal, following the different outcomes in the Gottlieb and Wylde cases.’ In the recent case of …
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Litigation: Unhealthy challenges

Hazel Grant reviews the impact of the Unison case This case is confirmation that interested third parties can use public law remedies in response to flawed procurements, although, as might be expected, the threshold for successful use of these remedies is high.Challenges under the Public Contract Regulations 2006 (the Regulations) are reserved to economic operators, …
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Judicial Review: An apple a day

Anna Condliffe considers the implications of Unison v NHS Wiltshire Primary Care Trust Civil Procedure Rule 54.5 provides that the claim form in judicial review must be filed promptly and, in any event, not later than three months after the grounds to make the claim first arose.The High Court has rejected an application by the …
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Update: Raising the bar

Jack Hayward reports on new opportunities for practitioners ‘When challenging public procurement awards, the remedies are usually found within reg 47 of the Public Contract Regulations 2006’I attended the procurement law day at Bangor University in North Wales on the 30th March held by the Institute for Competition and Procurement Studies. I chaired the session …
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