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ARCHIVED: This Practice Note has been archived is not maintained.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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Form of transfer of sharesThere are a number of circumstances in which shares in a company may be transferred, eg upon a sale of the shares, through the transmission of the shares by operation of law (eg upon the death or bankruptcy of a shareholder), by gift or upon the enforcement of a charge. For
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not
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