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Robert Bell reports on a recent decision of the EFTA Court ‘The question before the court was what level of culpability of a contracting authority was necessary for the court to award damages for breach of the public procurement law.’ A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the …
Continue reading "Brexit: Crossing borders"
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Sapna Garg considers a ruling on expedited trials ‘The attempt by Joseph Gleave to have the best of both worlds, by keeping its hat in the ring in the procurement process while at the same time pursuing proceedings against the defendant, didn’t succeed.’ Timing was a critical deciding factor in Joseph Gleave & Son Ltd …
Continue reading "Update: More haste, less speed"
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James Marshall, Deborah Greenwood, Kenneth Addly and Julia Joseph highlight the Competition and Markets Authority market study into UK heat networks ‘The CMA is particularly concerned that customers may be unable to easily switch suppliers, or may be locked into long-term contracts, with the risk that they may be paying too much or receiving a …
Continue reading "Markets: Can’t take the heat?"
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Michael Winder examines a European Commission initiative ‘The Commission wants to help member states improve the skills, knowledge and understanding of buyers to ensure compliance with procurement law and best value for money.’ In the autumn of 2017, the European Commission announced a new procurement initiative aiming to encourage member states to undertake public procurement …
Continue reading "Policy: It’s only money"
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Rebecca Williams and Ben Lamble discuss a recent case dealing with disclosure ‘The lesson for prospective claimants is clear: the strict time limits imposed on public procurement claims will be executed robustly in all but the most extreme cases.’ The Technology and Construction Court (the TCC) has recently recognised that public procurement cases, particularly those …
Continue reading "Practice: On the wrong track"
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Jorren Knibbe concludes his review of some noteworthy decisions of the UK and European courts ‘It is not clear from the EU procurement Directives how they are intended to operate where a technical specification is discriminatory but can be justified. In those circumstances, the result under the Directives and under Art 34 ought to be …
Continue reading "Update: Sign of the times"
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Sapna Garg reports on developments in the oral amendment of contracts ‘Parties to agreements should now be acutely conscious that informal communications could amount to a valid, enforceable variation of the original agreements entered into even if they are not documented or signed.’ A noteworthy trend at both High Court and Court of Appeal level …
Continue reading "Variations: A slip of the tongue"
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Chris Hoyle highlights the practice of preliminary market consultations ‘A general market invitation, perhaps in the form of a prior information notice, followed up by a group consultation is potentially less capable of distorting competition than one-to-one discussions.’ It is a truth universally acknowledged, that a public-sector body in possession of a good budget must …
Continue reading "Practice: Pride, prejudice and procurement"
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Nathan Curtis, Dan Ballard and Ed Hobbs outline the key factors in relation to financing battery storage projects ‘Lenders and borrowers need to ensure that they are aware of the large number of proposed changes which may affect battery projects and the impact of those changes on anticipated revenues.’ Based on our experience working on …
Continue reading "Energy: Ever ready for the future"
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James Parker and Clare Eccles consider the future of infrastructure planning ‘Since 2015 information released by the government on infrastructure planning in the UK has markedly diminished.’ The 2010-15 Conservative-Liberal Democrat coalition government presided over what, in hindsight, could be heralded a ‘golden era’ for infrastructure planning in the UK. Helmed by Prime Minister David …
Continue reading "UK Infrastructure: A strong and stable future?"
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