The following Local Government practice note Produced in partnership with Lee Digings of Lee Digings Associates provides comprehensive and up to date legal information covering:
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.
This Practice Note considers the implications of making changes during a procurement procedure and the subsequent contract management phase when the public contract in question is subject to the EU public procurement rules (see Practice Note: Introduction to public contracts procurement).
The Practice Note focuses on:
changes to contract award criteria
changes to contracts
It looks first at the EU and domestic case law before moving on to discuss how certain principles derived from the EU case law (notably pressetext, Case C-454/06) are codified in Directive 2014/24/EU (Public Contracts Directive) and transposed in the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015).
A series of cases set the parameters for changes in these two respects and contracting authorities need to align their procedures with the guidance from the courts and, as regards changes to contracts, the PCR 2015.
Under the PCR 2015, a contracting authority can choose to award a public contract on
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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