The following Public Law guidance 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ARCHIVED: This Practice Note has been archived is not maintained.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 (PCR 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 procurement procedure. The overarching objective of public procurement law is that procurement is opened up to wider competition and that tenderers have equal opportunity to secure contracts put out to tender by public authorities. Guiding principles are that tenderers should be treated equally and tender procedures should be transparent, such that tenderers know what to expect from the procurement process and have a clear understanding of the basis on which their tender applications will be judged. These principles are at the heart of the UK public procurement regime.
Contracting authorities must follow the procedures set out in the PCR 2015 where applicable, unless an exemption applies. Legal action may be taken against a contracting authority and breaches are actionable in the High Court by an aggrieved party who has suffered or is at risk of
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