The following Public Law practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived is not maintained.
This Practice Note is part of a series of archived Practice Notes collating and summarising notable historic case law rulings and principles relating to public procurement law. The majority of entries in this Practice Note are archived cases, decided before the Public Contracts Regulations 2015 entered into force. For details of the latest case law developments see:
UK public procurement case tracker
EU public procurement case tracker
This Practice Note focuses on cases relating to contract award and challenges. Procurement processes should be conducted in a fair and transparent manner, with contracting authorities aiming to build sustainable relationships with suppliers and generate healthy competition for contracts in order to support best value and efficiency. At the same time, contracting authorities need to be alive to potential challenges throughout the procurement process and contract lifecycle. Equally, parties wishing to challenge a contract award must adhere to the relevant procedure and time limits.
For further reading on this subject, see our: Contract award and challenges—overview.
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.
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When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss
Methods of statutory interpretation used to resolve ambiguities in legislationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP
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