Graeme Young highlights the revised rules for procurement challenges in England and Wales ‘The note strongly suggests that the court will be minded to allow specific and early disclosure ahead of any lifting hearing provided there is some prima facie concern with the process and the documents requested can reasonably be viewed as relevant.’ The …
Continue reading "Procedure: Taking notes"
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Jamie Walker and Katherine Souter swap notes on the competitive procedure with negotiation under the Public Contracts Regulations 2015 ‘The procedure offers the best of both worlds: the ability to award early and avoid unnecessary costs, and the ability to negotiate the best possible solution.’ Have you ever tendered a public contract using the restricted …
Continue reading "Procedure: In it to win it"
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Richard Hough highlights the key points in recent Crown Commercial Service guidance ‘The guidance reminds contracting authorities that contracts can be awarded on criteria other than cost price and quality.’Newly published Crown Commercial Service (CCS) guidance encourages contracting authorities to incorporate social, ethical and environmental considerations into various stages of their procurement processes, as permitted …
Continue reading "Procedure: Principled procurement"
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Tom White and Emma Holmes return to the problem of court fees ‘The courts will take a very dim view of deliberately misstating the value of claims and paying lower fees accordingly.’In 2015 we saw some substantial rises in court fees, including, in particular, fees for issuing claims. This rise in fees saw vehement opposition …
Continue reading "Procedure: Fee high fo fum"
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John Houlden, Stephanie Rickard and Patrick Parkin discuss the use of new standard forms for public procurement notices ‘The European Commission has included some new standard forms for publishing public procurement notices. Use of these forms is legally required by the EU under the implementing regulation of 11 November 2015.’The European Commission recently published a …
Continue reading "Procedure: True to form"
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Wills & Trusts Law Reports | December 2015 #155In 1992 Mr Pugachev founded the first claimant bank (Mezhprom). In November 2010 the Moscow Arbitrazh Court declared Mezhprom to be insolvent, opened liquidation proceedings and appointed the second claimant (the DIA) as liquidator. On 25 January 2011 the Russian authorities began a criminal investigation with regard to the insolvency of Mezhprom and three days later Mr Pugachev fled Russia. On 2 December 2013 the claimants began proceedings against Mr Pugachev in the Moscow Arbitrazh Court.
On 11 July 2014 Henderson J granted a worldwide freezing order without notice in aid of th...
Stephanie Prior considers the effect of recent government cuts and the consequential delay and cost for claims ‘It is now becoming a difficult and often impossible task explaining the process to the client, the reason for the courts delays, the reasons for delays in the litigation and the reason for the deduction of costs from …
Continue reading "Procedure: The highs and lows of civil litigation"
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David Sawtell reports on a recent case concerning a steadfast notice of discontinuance ‘A waiver of sovereign immunity by submission to the jurisdiction of the court must be irrevocable. It cannot be partial or temporary: it must continue until the proceedings have run their course.’ The story began on 20 September 1948, in the year …
Continue reading "Procedure: A right royal dispute"
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Julia Staines reports on a significant judgment in the Court of Appeal ‘In the three cases which were the subject of the appeal, the Court of Appeal believed that two of them (Decadent and Utilise) evidenced an “unduly draconian approach” and one of them (Denton) “an unduly relaxed approach”.’ Hot on the heels of the …
Continue reading "Procedure: Appealing news"
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Dr Felix Helmstädter reports on a recent German decision considering EU rules on joint bidding ‘As a general rule, joint bidding complies with EU antitrust law if both parties to the cooperation agreement are unable to participate in the public tender without teaming up, because they would not be able to perform the contract on …
Continue reading "Procedure: Love me tender"
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