This category can only be viewed by members.
Angus Walker reports on the progress of the Growth and Infrastructure Bill Getting rid of the worst application of SPP is an important improvement and adding flexibility to include other projects is a welcome endorsement of the regime. On 18 October 2012, the government took the first step towards implementing the planning reforms announced in …
Continue reading "Planning: Cunning plans"
This post is only available to members.
In the first of a two-part article, Kat Souter and Ruth Smith discuss frameworks and their role in procurement there are limits on the extent to which a supplier can be permitted to ‘supplement’ its original tender, and care should be taken to avoid this distorting competition or resulting in substantial changes to the framework’s …
Continue reading "Framework Agreements: You’ve been framed"
This post is only available to members.
Jeremy Glover examines the use of expert evidence in procurement disputes The possibility of being able to rely on a detailed expert’s report, dealing with all aspects of the evaluation and out of which a case as to manifest error or unfairness might emerge, would be at least superficially attractive to a claimant. The case …
Continue reading "Dispute Resolution: Moving the stalls"
This post is only available to members.
Dr Stuart Thompson provides an overview of urban growth and associated policy implications The devolution of power to major cities has a number of clear implications for all involved The growth of urban areas is a world-wide phenomenon, but the publication of figures from the 2011 census showed the largest increase, in terms of numbers, …
Continue reading "Devolution: Brave new world"
This post is only available to members.
Jack Hayward reports on recent unrest in the procurement arena In the Commission’s view, these provisions go beyond the exhaustive catalogue of acceptable grounds for exclusion for reasons relating to the professional qualities of a contractorReaders may remember my comments in the last edition about the G4S shambles at the Olympics. Hot on the heels …
Continue reading "Update: Pen pushing"
This post is only available to members.
Peter Jansen reviews the remedies arising from errors in tender assessments EU Directive 2004/18/EC requires authorities in awarding contracts to ‘treat economic operators equally and non-discriminatorily and shall act in a transparent way’. This is enacted in English law by reg 4(1) of The Public Contracts Regulations 2006.The recent threat of judicial review on the …
Continue reading "Tendering: Train of (Virgin) thought"
This post is only available to members.
Dr Sam De Silva considers the apportionment of compliance costs Both the service provider and the customer need clarity over what needs to be done and who is in the best position to do it. Both want a fair and balanced allocation of current and future costs.’Laws often evolve during a long term outsourcing relationship, …
Continue reading "Changes In Law: Moving the goalposts"
This post is only available to members.
Glenn Fletcher offers an overview on the European Commission’s proposals to change the application of the Procurement Directives to services contracts If enacted as drafted, the changes will bring more contracts under the full European procurement rules and this will certainly reduce the options available to purchasers for services currently subject to part B obligations.In …
Continue reading "Legislation: Moving service"
This post is only available to members.
John Bennett contemplates the extent to which the common law can regulate the tendering process The recent case law has, if anything, added more confusion to the implied contract argument rather than determining those circumstances where it will apply and the precise scope of the doctrine.This article outlines the development of UK common law rules …
Continue reading "Practice: The long arm of the (common) law"
This post is only available to members.
David Sawtell examines liability for third parties in contracts for services Relying on this case, it will be easier for claimants to argue that a parent company should be liable for the acts or omissions of its subsidiary.A company usually accepts that it owes a duty of care to its own employees, and that it …
Continue reading "Employment: Taking responsibility"
This post is only available to members.
