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David Gollancz considers the efficacy of pre-nuptial agreements to defeat claims for ineffectiveness ‘This article considers the legal rules governing ‘pre-nuptial’ agreements, and the reasons why they may be a good idea in any case where ineffectiveness is a risk.’The remedy of ineffectiveness was introduced into European legislation by Directive 2007/66/EC, implemented in England, Wales …
Continue reading "Remedies: Till ineffectiveness do us part"
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Jack Hayward turns his attention to recent news in the procurement arena Irrespective of your political leanings you have to have a sneaking regard for the optimism of Francis Maude, the Cabinet Office Minister whose remit includes public procurement, because of his conviction that he can singlehandedly persuade the European Commission to alter the Public …
Continue reading "Update: Slaying the dragon"
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Gail Wilson considers the underlying reasons behind the rise in supplier challenges Supplier challenges are on the rise. Research undertaken by Achilles and Nottingham University into supplier challenges brought under the EU procurement regime in the UK over a 20-year period, indicates that there has been a sharp rise in recent years in the number …
Continue reading "Dispute Resolution: Peace at any price?"
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Peter Jansen and Rachel Scarfe review the remedy of ineffectiveness ‘This article looks at the remedies now available under the current procurement regulations, in particular declarations of ineffectiveness.’In October 2010 Eurostar awarded the contract to replace its existing fleet of high-speed trains to Siemens as opposed to Alstom, its incumbent supplier. Amidst surprise in the …
Continue reading "Procedure: It doesn’t work!"
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Graeme Young and Victoria Moorcroft contemplate the future of the competitive dialogue procedure ‘A review by HM Treasury in November 2010 concluded that, while a properly run CD procedure has clear advantages, a poor one was burdensome and expensive.’In this article we consider the competitive dialogue procedure and the criticisms levelled against it in the …
Continue reading "Award Procedures: Who needs to dialogue when you can negotiate?"
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Rosemary Choueka investigates Cabinet Office initiatives following the Bombardier tender ”The Bombardier story was all the more interesting because it took place at the same time that the government was submitting its response to the European Commission’s proposals to modernise EU public procurement law and policy.”In July 2011, the Canadian train maker Bombardier announced plans …
Continue reading "Reform: Training to tender"
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Jack Hayward considers outsourcing and employee-led businesses ‘It was refreshing to see that the European Parliament has returned determined to address one of the key preoccupations of the internal market, namely how to encourage more SME involvement in the supply of public sector goods and services.’The coalition’s agenda on the ‘Big Society’ has always included …
Continue reading "Update: Power to the people"
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Dr Totis Kotsonis examines the remedies regime and considers the question of how effective this really is ‘The implementation of Directive 2007/66/EC into UK law, and the further amendment of the procurement legislation, have led to the transformation of the remedies system available for breaches of UK public procurement law.’For a long time, the remedies …
Continue reading "Remedies: All change?"
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Hilary Ross discusses the fining of Marks and Spencers ‘The M&S case shows us that one of the thorniest scenarios is where there is a degree of overlap between the operations of the customer and the supplier. In such cases, it is essential to ensure that all potential issues are identified and each party’s role …
Continue reading "Health And Safety At Work: Not just a fine"
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Tom Collins looks at the impact of the Commercial Agents (Council Directive) Regulations 1993 ‘Fundamentally, it has to be shown that it is in the commercial interests of the principal to have an agent who will expend his own time, money and skill to develop the market.’The Commercial Agents (Council Directive) Regulations 1993 (the Regulations) …
Continue reading "Contract: Secret agents"
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