The following Public Law Q&A Produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:
We have assumed that your query relates to the procurement of an above-threshold contract by a public authority governed by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.
Procurement of above-threshold contracts by public authorities in England and Wales are governed by PCR 2015, SI 2015/102. PCR 2015, SI 2015/102 give effect in domestic law to Directive 2014/24/EU (the Directive), which contains the EU law rules governing the award of contracts for goods and services by public authorities throughout the EU. For background information, see Practice Note: Introduction to public contracts procurement.
Subject to compliance with PCR 2015, SI 2015/102 (and associated EU-derived procurement rules, principles and statutory guidance etc) in relation to contracts falling within their scope, the domestic rules of contract law continue to apply to all public contracts. Accordingly, if a contractor or contracting authority breaches the terms of an awarded public contract, liability and remedies would be governed by the contract and associated domestic law. For further information see: Breach and remedies—overview). The remainder of this response focuses on the relevant considerations under public procurement law.
There is no provision under PCR 2015, SI 2015/102 (or the Directive) requiring a contracting authority to terminate an existing contract with a contractor who is tendering for a
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
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
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.