Public procurement

Practice notes

Indirect effect of EU law

Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 19th May

Brexit

Practice notes

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...

Produced in partnership with Alexander Campbell of Field Court Chambers 19th May

Practice notes

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

19th May

Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May

Practice notes

Judicial review time limits—extensions and urgent cases

Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May

Q&As

What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to...

Produced in partnership with Jamas Hodivala of Matrix Chambers 19th May

Practice notes

Structure and functions of EU institutions and bodies

Structure and functions of EU institutions and bodiesThe EU’s unique institutional frameworkThe European Union is a supranational polity, and is...

19th May

Brexit

Practice notes

Judicial review—what it is and when it can be used—Scotland [Archived]

Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 19th May

Scottish Law

Practice notes

Introduction to concession contracts procurement

Introduction to concession contracts procurementBrexit impact—public procurementThe UK public procurement regime derives from EU public procurement...

Produced in partnership with Katherine Calder of DAC Beachcroft 19th May

Practice notes

Judicial review—what it is and when it can be used

Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May

Practice notes

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...

19th May

Brexit

Practice notes

Parliamentary supremacy—implied repeal

Parliamentary supremacy—implied repealIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

Produced in partnership with Carl Gardner 19th May

Practice notes

Secondary or delegated legislation

Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...

19th May

Practice notes

Introduction to retained EU law

Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...

Produced in partnership with Dr. Kieran Laird of Gowling WLG 19th May

Brexit

Practice notes

Parliamentary privilege and the Bill of Rights 1688

Parliamentary privilege and the Bill of Rights 1688Arguably the most significant of these ‘statutory’ aspects of parliamentary privilege is freedom of...

Produced in partnership with Carl Gardner 19th May

Practice notes

Sources of constitutional law

Sources of constitutional lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

Produced in partnership with Carl Gardner 19th May

Q&As

What is the impact of the UK’s withdrawal from the EU on public procurement laws?

What is the impact of the UK’s withdrawal from the EU on public procurement laws?The UK public procurement regime is derived from EU public...

2nd Aug

Q&As

What is happening with public procurement reform post Brexit?

What is happening with public procurement reform post Brexit?Review and reform of the domestic public procurement regime, and associated areas of...

2nd Aug

Q&As

If a winning bidder withdraws from a public procurement exercise following the contract award decision, must the contracting authority proceed with the procurement (awarding the contract to the next-placed bidder), or can it discontinue and re-tender?

If a winning bidder withdraws from a public procurement exercise following the contract award decision, must the contracting authority proceed with...

1st Aug

Q&As

If a supplier awarded a public contract ceases trading shortly after award, can the contract be awarded to another bidder in the original tender process without having to re-start the procurement?

If a supplier awarded a public contract ceases trading shortly after award, can the contract be awarded to another bidder in the original tender...

Produced in partnership with Stuart Brown of Trowers & Hamlins 1st Aug

Q&As

What is the impact of a no-deal Brexit on public procurement?

What is the impact of a no-deal Brexit on public procurement?In conducting our research we have focussed on public procurement under the Public...

1st Aug

Brexit

Q&As

Has an insurance company ever challenged a regulated public procurement process?

Has an insurance company ever challenged a regulated public procurement process?The following case provides an interesting example of an insurance...

1st Aug

Q&As

Where can I find the EU financial thresholds relating to public procurement and how often are they revised?

Where can I find the EU financial thresholds relating to public procurement and how often are they revised?The EU Procurement Directives provide that...

1st Aug

Q&As

Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up the call-off terms at mini-competition stage, could the contract be awarded and entered into based on the mark-up?

Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up...

1st Aug

Q&As

Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?

Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?In...

1st Aug

Q&As

What guidance is available for handling tied bids in public procurement?

What guidance is available for handling tied bids in public procurement?The answer to this Q&A relates to an above threshold procurement exercise...

Produced in partnership with Fergus Randolph QC of Brick Court Chambers 1st Aug

Q&As

What are the rules on referring to brands within technical specifications in the context of a public procurement exercise for equipment installation and associated works?

What are the rules on referring to brands within technical specifications in the context of a public procurement exercise for equipment installation...

Produced in partnership with Denis Edwards of Normanton Chambers 1st Aug

Q&As

Are there any circumstances in which it would be necessary to issue a voluntary ex ante transparency notice for a below-threshold public contract awarded under the light touch regime?

Are there any circumstances in which it would be necessary to issue a voluntary ex ante transparency notice for a below-threshold public contract...

1st Aug

Q&As

If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a standstill letter to that bidder?

If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a...

1st Aug

Q&As

If a charity wishes to procure goods or services using a Crown Commercial Service contract, does it have to apply the public procurement rules and procedures in full?

If a charity wishes to procure goods or services using a Crown Commercial Service contract, does it have to apply the public procurement rules and...

1st Aug

Q&As

In a public procurement exercise under the Public Contracts Regulations 2015, SI 2015/102, on what grounds can a bidder be excluded or eliminated for past poor performance, where they have breached a previous contract by refusing to provide information on request?

In a public procurement exercise under the Public Contracts Regulations 2015, SI 2015/102, on what grounds can a bidder be excluded or eliminated for...

Produced in partnership with Peter Ware and Marina Javed of Browne Jacobson 1st Aug

Q&As

Can a contracting authority change the procedure adopted for a public procurement exercise (eg from open to negotiated procedure) once the procurement process has started?

Can a contracting authority change the procedure adopted for a public procurement exercise (eg from open to negotiated procedure) once the procurement...

Produced in partnership with Brendan Ryan of Pinsent Masons 1st Aug

Q&As

Is there any case law or guidance on preliminary market consultation in public procurement? What should a contracting authority do if it thinks there is a conflict of interest?

Is there any case law or guidance on preliminary market consultation in public procurement? What should a contracting authority do if it thinks there...

Produced in partnership with Brendan Ryan of Pinsent Masons 1st Aug

Q&As

What impact does the standstill period have on the preferred supplier? What steps if any can they take during the standstill period?

What impact does the standstill period have on the preferred supplier? What steps if any can they take during the standstill period?The Public...

1st Aug

Q&As

Is there any guidance on how the courts treat key performance indicators set by public authorities in contracts tendered under the EU public procurement rules?

Is there any guidance on how the courts treat key performance indicators set by public authorities in contracts tendered under the EU public...

1st Aug

Q&As

Where can I find the UK financial thresholds relating to public procurement and how often are they revised?

Where can I find the UK financial thresholds relating to public procurement and how often are they revised?The UK public procurement regulations apply...

1st Aug

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