The following Public Law Q&A Produced in partnership with Brendan Ryan of Norton Rose Fulbright provides comprehensive and up to date legal information covering:
Pursuant to regulation 95 of the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) (PCR 2015, SI 2015/102, reg 95), the award of a public contract is automatically suspended from the time a public contract award is challenged if that contract has not yet been entered into. PCR 2015, SI 2015/102, reg 96 allows the courts to make an order ‘lifting’ the automatic suspension on contract execution before the substantive hearing takes place.
There have been several cases in recent years in which the UK courts have considered the appropriate test for determining whether interim relief should be granted. Beginning with Indigo Services (UK) Limited v The Colchester Institute Corporation (unreported) and Exel Europe v University Hospitals Coventry & Warwickshire NHS Trust, the courts have consistently held that the appropriate test is based on the traditional interim injunctive relief principles established by the American Cyanamid case, namely:
is there a serious issue to be tried
would damages be an adequate remedy for the challenger if interim relief were to be granted, and
does the balance of conven
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
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A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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