Contract award and challenges

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This practical guidance relates to the pre-Procurement Act 2023 regime

This subtopic contains a range of resources for contracting authorities conducting a public procurement exercise commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements).

This subtopic considers matters that a contracting authority conducting an ongoing procurement will need to address once it reaches its decision on contract award, with particular focus on public procurement procedures under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. It also examines some of the issues the parties may encounter after a contract has been awarded, for instance in the event of a subsequent modification or legal challenge.

This overview focuses on the law and principles applicable under the pre-PA 2023 regime. For guidance on

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Latest Local Government News

High Court dismisses claim brought by doctors’ advocacy body against GMC (R (on the application of Anaesthetists United Ltd and others) v GMC)

Local Government analysis: The High Court dismissed the judicial review claim brought by a doctors’ advocacy body against the General Medical Council’s (‘GMC’) ongoing failure to regulate associates in accordance with their over-arching duty of patient safety. Specifically, the GMC’s failure to prescribe national limits on physician associates’ and anaesthesia associates’ (together ‘Associates’) practice on the grounds of irrationality and a failure to comply with the Thameside duty of inquiry. The court confirmed the GMC’s decision was not irrational nor had the GMC failed to comply with their Thameside obligations given they had ‘embarked on an extensive research program to inform the development of its professional standards and guidance to be applied to associates...’ This case provides a comprehensive narrative of the concerns regarding the GMC’s regulation of Associates, the work undertaken by the GMC to bring the regulation of Associates into fruition, as well as a reminder of the case law concerning process and outcome irrationality. Written by Nicola Wheater, associate at HCR Law.

Family Public Law (FPL) re-release of PBA dropdown feature

HM Courts and Tribunals Service (HMCTS) has confirmed that following the release on 28 August 2025 of a dropdown feature for Payment by Account (PBA) (see LNB News 21/08/2025 1), it has received reports that some organisations were unable to locate their PBA number in the dropdown, which prevented them from submitting applications. As a result, HMCTS has made the decision to roll back the release to allow time for further investigation and the feature will be re-released on 2 October 2025.

Court underlines importance of procedural compliance in planning enforcement appeals (Herstmonceux Museum v SSCLG)

Planning analysis: In Herstmonceux Museum v SSCLG, the court held that challenges to enforcement appeal decisions involving a deemed planning application must proceed under section 289 of the Town and Country Planning Act 1990 (TCPA 1990), not section 288. It further confirmed that strict compliance with service and procedural requirements is essential, and failures within the 28-day limit are fatal to jurisdiction.

Procurement Act 2023—key developments since the ‘go live’

Public Law analysis: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) came into force. Procurements begun on or after this date are governed by PA 2023. Procurements begun before this date are governed by the previous legislation (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011). This analysis highlights some of the key details and developments just over six months on from the PA 2023 ‘go-live’, with market insights and reflections from some of our expert contributors.

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