March/April 2015 #23 – Law Journals

Update: Suspended in mid-air

Helen Prandy considers the lessons to be learned from NATS ‘2014 was an interesting year for automatic suspensions: a year in which we finally saw the English courts keeping the automatic suspension in place to trial.’Although this sounds like the headline every holidaymaker dreads as they head for ski slopes or some winter sunshine, it …

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Tendering: The ghost of tenders past

Julie-Ann McCaffrey reviews the power to exclude poor performing contractors ‘Contracting authorities need to be aware of the grounds for exclusion but also of the risks in applying their subjectivity to the process.’It is election season once again in the UK and, as the parties actively gear up their political campaigns putting their best feet …

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Contract Performance: Setting the standard

In the first of a two-part analysis, Dr Sam De Silva outlines the role of service levels ‘Service levels should be objective, quantifiable, repeatable measures of matters within the service provider’s responsibility, such as the performance of systems, the resolution of incidents or service requests, or the volume and accuracy of transactions and other outputs.’In …

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Legislation: A new broom

James Falle and Alexandra Cross explore the impact of policy choices made by the government following its consultation on transposing the EU procurement directives on procurers and suppliers ‘While the light touch regime is subject to the remedies regime, it is uncertain whether the standstill obligations and ineffectiveness remedy now apply.’ On 30 January 2015, …

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Outsourcing: Source it out: the materiality spectrum

Mark Lewis examines recent case law on the interpretation of outsourcing agreements ‘Materiality has a wide spectrum and where the level of materiality should sit on that spectrum in any particular case depends on all the relevant factual background.’Outsourcing agreements need to cover a lot of ground and yet retain a great deal of flexibility …

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Practice: In suspense

John Houlden and Richard Binns report on Edenred ‘The English courts are now perhaps more willing to maintain automatic suspensions than they have been in the past, particularly if there is a swift expedited trial, providing more balance to potential challengers.’The English High Court has stayed another contract award, perhaps indicating an increased willingness to …

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ADR: Oil on troubled waters

John Sykes looks at the myths and reality of mediation and the public sector ‘Whereas a judgment is public and invariably receives widespread attention, a mediated settlement will usually remain confidential and be better suited to shielding the authority from public criticism.’I first represented a client in a mediation in 1999. It was all about …

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Regulation: Calling a halt

Julie Hamilton investigates challenges under the Public Contracts (Scotland) Regulations 2012 ‘This is the latest in what is now a significant number of Scottish cases which have affirmed the difficulty a challenging bidder faces in convincing a court to maintain a suspension preventing a contracting authority from entering into a contract following a procurement challenge.’Under …

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