Q&As

Q&As

Where a worker has been identified as clinically extremely vulnerable for the purposes of coronavirus (COVID-19) and the nature of their health condition means that it falls within the definition of ‘disability’ in the Equality Act 2010, would it constitute a reasonable adjustment to put the worker on furlough if they are not able to work from home?

Where a worker has been identified as clinically extremely vulnerable for the purposes of coronavirus (COVID-19) and the nature of their health...

2nd Aug

COVID-19

Q&As

When filing an acknowledgment of service in judicial review proceedings, does the 21-day time limit include bank holidays? What happens if the time limit is not adhered to?

When filing an acknowledgment of service in judicial review proceedings, does the 21-day time limit include bank holidays? What happens if the time...

Produced in partnership with Peter Ware of Browne Jacobson 1st 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

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?As of exit day (11pm on 31 January 2020) the...

1st Aug

Brexit

Q&As

What is retained EU law?

What is retained EU law?Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law...

Produced in partnership with Mathias Cheung of Atkin Chambers 1st Aug

Brexit

Q&As

Has the Welsh Language (Wales) Measure 2011 been updated or is it due to be updated? Does it only apply to public bodies?

Has the Welsh Language (Wales) Measure 2011 been updated or is it due to be updated? Does it only apply to public bodies?This Q&A considers the Welsh...

Produced in partnership with David Gardner of No 5 Chambers 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

What are the key features of a Brexit SI?

What are the key features of a Brexit SI?As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and...

1st Aug

Brexit

Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

In the context of Brexit, what is meant by the ‘transition or implementation period’?The term ‘transition or implementation period’ is used in the...

1st Aug

Brexit

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

Illegality in a judicial review context, what is it? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

Illegality in a judicial review context, what is it? 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 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

What is the status of the UK’s World Trade Organization (WTO) schedules for goods and services?

What is the status of the UK’s World Trade Organization (WTO) schedules for goods and services?Under the World Trade Organization (WTO) Agreement, the...

Produced in partnership with Eric White of Herbert Smith Freehills 1st Aug

Brexit

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

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 1st Aug

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