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Deborah Ramshaw reports on a recent judgment highlighting the pitfalls of disclosure ‘The court found that the council had sought a potentially unfair advantage through its attitude to disclosure; in particular the court found that it was unfair for the council to “pick and choose what documents they provide and when, as it suits them”.’The …
Continue reading "Disclosure: Finding the missing link"
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Lisa Boyd looks at the promotion of SME engagement under the 2015 Public Contracts Regulations ‘Uninformed contracting authorities may not be aware of the new rules on lots and thus fall foul of the “do or explain” regime, which would leave them open to challenge.’Contracting authorities strive to achieve value for money through their various …
Continue reading "Legislation: Small is beautiful"
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Tim Pugh and James Parker examine recent proposals for devolution and what it might mean for infrastructure delivery ‘Who will make the call when a centrally driven project impacts on the city, county, town or region in question and its plans?’How the UK plans and delivers its infrastructure development is crucial to making sure the …
Continue reading "Policy: Knitting Britain’s future"
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Dr Sam De Silva analyses managing legal risks within the supply chain ‘Consideration must be given on a case-by-case basis as to whether a service provider should be permitted to enter into subcontracts, and if so, the terms, conditions and restrictions which will apply to such a right.’In a typical outsourcing arrangement, a customer will …
Continue reading "Supply Chain: Too many cooks"
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Lisa Boyd examines the Public Contracts Regulations 2015 in relation to abnormally low tenders ‘Under the old Regulations, an authority had the power to investigate tenders which had been identified as abnormally low, whereas under the new Regulations the authority is required to seek an explanation before it considers whether a tender is abnormally low.’Most …
Continue reading "Tendering: How low can you go!"
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Dr Jock Mackenzie outlines the lessons to be learned from Hinchingbrooke Hospital ‘Until both the public and private health sectors truly come to terms with what is actually required to minimise avoidable injuries… there will remain an important role for clinical negligence litigation.’Tuesday 31 March 2015 saw the official end to the first private company …
Continue reading "Policy: In sickness and in health"
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Graeme Young and Maria Ziprani assess the impact of the Public Contracts Regulations 2015 on variation and termination rights ‘Increasingly, Pressetext type issues are leading to disputes and litigation, where judges in the High Court arrive at opposite conclusions applying the Pressetext test to the facts before them.’Until recently, discussions on contract variations between contractors …
Continue reading "Termination: Happy endings"
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Katherine Souter reports on Reg 113 of the Public Contracts Regulations 2015 and the payment of undisputed invoices by contracting authorities, contractors and sub-contractors ‘Contracting authorities will be required as of March 2016 to annually publish performance data on the internet to demonstrate their performance in paying invoices within 30 days over the foregoing financial …
Continue reading "Legislation: The cheque’s in the post"
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In the conclusion to a two-part consideration, Dr Sam De Silva looks at the different types of service levels and the consequences of failing to meet them ‘While defining and establishing appropriate service levels is largely a business function, legal advisors have a role in providing critical input into the language.’Part one of this article …
Continue reading "Contract Performance: Setting the standard"
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Victoria Moorcroft analyses the evaluation of capacity after Lianakis ‘These new procurement regulations come into force for all contract award procedures started on or after 26 February 2015, and they too recognise that in certain circumstances, the experience of the team put forward can be evaluated at the award stage.’It is now nearly ten years …
Continue reading "Practice: Evaluate Greeks bearing gifts"
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