The following Public Law practice note Produced in partnership with Walker Morris provides comprehensive and up to date legal information covering:
This Practice Note looks at initiatives intended to encourage small and medium-sized enterprises (SMEs) to bid for public contracts without infringing EU public procurement rules. It summarises the gradual reforms at EU and UK level introduced with the aim of improving SME access to public contracts and identifies some of the best practice guidance for contracting authorities.
For further guidance on public procurement aimed at bidders, see Practice Notes: Public procurement—an introduction for first-time bidders and Public procurement—private sector considerations.
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: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.
The last decade has seen a significant change of attitude on the part of the EU, the UK government and the UK devolved administrations as regards the opening up of public contracts for smaller suppliers.
In 2018, this issue came to the fore with the collapse of facilities management and construction company Carillion, a major government supplier with hundreds of public sector contracts in place at the time (see below).
Local authorities can, with some justification, claim to have a better track record regarding contracts with SMEs but
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
The procedure for making an application to stay proceedings due to abuse of process is governed by the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, r 3.20. For more information, see Practice Note: Abuse of process procedure.Staying a prosecution for abuse of processThe principle of abuse of
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