The UK public procurement case tracker records and summarises the most recent UK case law developments relating to public procurement. For EU case law, see Practice Note: EU public procurement case tracker. 2026 Case citation Court and Date Summary Apasen Ltd v Tower Hamlets London Borough Council [2026] EWHC 2239 (TCC) King’s Bench Division (Technology and Construction Court)28 August 2026 Abstract: In this case, the Technology and Construction Court refused the defendant’s application to strike out those parts of the claimant's claim seeking the remedy of setting aside interim contracts entered into with four service providers. The defendant sought to strike out paragraphs 22(e), 24 and recital (2) of the prayer for relief pursuant to CPR 3.4(2)(a) and the court's inherent jurisdiction, arguing that the conditions for set aside in section 105(1) of the Procurement Act 2023 (PA 2023) could not be met.The key issue was whether the claimant could establish a set aside condition under PA 2023, s 105(4), particularly whether the contract award notice was ‘accurate’ as required by the section.

What is a DPS? A Dynamic Purchasing System (DPS) allows a contracting authority to purchase goods, services and works for which they have a regular need, without having to carry out a full procurement process for each individual purchase. Procurement via DPS is intended for common use items that are generally available on the market and meet the contracting authority’s requirements. A DPS is a two-stage process involving an initial procurement stage followed by individual call-off stages. DPS awards are conducted electronically and governed by the restricted procedure under the Public Contracts Regulations 2015, SI 2015/102, reg 28, subject to the additional rules specific to DPS under in PCR 2015, SI 2015/102, reg 34. For background reading, see: • Q&A: What are the requirements for the award of a contract under a dynamic purchasing system under the Public Contracts Regulations 2015? In particular, what are the requirements applicable to the supplier when accepting an award? • Crown Commercial Service (CCS): Dynamic Purchasing System guidance Public procurement

The Medicines and Healthcare products Regulatory Agency (MHRA) and the National Institute for Health and Care Excellence (NICE) have jointly delivered the Integrated Scientific Advice (ISA) service, which provides pharmaceutical companies with coordinated regulatory and health technology assessment (HTA) advice through a single application process, meeting and integrated report. Intended primarily for medicines in clinical development aligned to MHRA and NICE pathway timelines, the service replaces the previous joint advice model and aims to support earlier patient access by clarifying evidence requirements for market authorisation and HTA at an early stage, including advice on pivotal study design, real-world evidence generation and strategic planning, although it does not cover medical devices. Applicants must confirm eligibility, submit a request form, agree a contract and fee, and provide a briefing book and presentation before attending an advice meeting, after which a single report is issued within 80 working days of acceptance, subject to complete and timely submissions; limited factual clarifications may be requested. A single fee, payable in two instalments, covers the service, with a waiver available for the MHRA component for eligible UK-based SMEs, and the advice provided is not legally binding and reflects the information and regulatory context at the time.

FORTHCOMING CHANGE: On 23 June 2026, the government published a response to the consultation Make Work Pay: protection from detriments for taking industrial action. According to the response, the government will introduce regulations prohibiting all detriments imposed on workers for the sole or main purpose of penalising, preventing or deterring them from taking industrial action. The regulations also add claims under section 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) to TULR(C)A 1992, Sch 2, enabling employment tribunals to adjust compensation awards by up to 25% where there has been an unreasonable failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures. The draft Protection Against Detriment (Industrial Action) Regulations 2026 were published on 25 June 2026 and are set to come into force on 30 October 2026. For further information, see News Analysis: Government opts to prohibit all detriments for taking industrial action. This Practice Note will be updated in due course. This Practice Note explains the extent to which a ‘right’ to take

The Federation of Master Builders (FMB) has analysed measures in the Scottish Government’s Programme for Government 2026–31, published by First Minister, John Swinney, on 1 September 2026. The programme includes commitments relevant to builders and construction SMEs on housing delivery, energy efficiency and retrofit, procurement and public-sector work. It includes a commitment to deliver 110,000 affordable homes by 2032, with 36,000 to be delivered during the current parliamentary session, backed by up to £4.9 billion in investment. A new delivery body, More Homes Scotland, is due to become operational on 1 April 2027 to co-ordinate housing funding, expertise and delivery, and will work in strategic partnership with the Scottish National Investment Bank to attract private and pension-fund investment. The programme also includes support for energy-efficiency and clean-heating measures across approximately 100,000 properties and a target to decarbonise heat in buildings by 2045. The FMB cautions that the housing targets are aspirational and that proposed private and pension-fund investment remains at an early stage. It notes that local builders and installers are likely to deliver much of the retrofit and energy-efficiency work and that local and regional firms may benefit from procurement reforms, but warns that planned public-sector restructuring may create uncertainty over future commissioning and contract management arrangements.

All references to Articles in this Practice Note are to Articles of the 2022 Arbitration Rules of the Dubai International Arbitration Centre (DIAC and the DIAC Rules). The DIAC Rules in force on the date of commencement of DIAC arbitration proceedings (and any subsequent amendments to the DIAC Rules) shall govern the arbitration, unless the parties have expressly agreed to submit to the DIAC Rules in effect on the date on which the underlying agreement to arbitrate was entered into (Article 2.3). Prior to commencing an arbitration Before commencing an arbitration under any set of rules or an ad hoc arbitration, consider the following issues: • does the arbitration clause on which you rely cover the entirety of the dispute you are raising? • have the pre-arbitration steps (if any) been triggered, exhausted and properly documented? • are there any limitation and prima facie issues of contract law formation, interpretation and performance to consider in view of the applicable law(s) • is there likely to be a jurisdictional challenge? While there is little you can do about

This Practice Note provides an overview of the most common website terms, notices and policies used in digital commerce. This includes an explanation of the terms of use for the website, acceptable use policies, privacy notices, cookie notices, copyright notices and information about the provider which will be applicable to both business-to-business (B2B) and business-to-consumer (B2C) digital traders. In addition, it considers consumer review policies, which are essential for a vast number of B2C digital traders, as well as email notices and disclaimers. For more information on website compliance generally, see Practice Note: Websites—compliance requirements and also: Key compliance issues for a digital commerce website—checklist. An introduction to website terms, notices and policies Websites are rarely governed by a single, self-contained contract. In practice, the legal framework of a website is a layered matrix of terms, notices and policies used across the customer journey, including the supplier’s terms of sale and/or subscription provisions, general terms of use, acceptable use, review policies, returns and complaints policies, privacy and cookie notices, as well as copyright notices and

Strictly private and confidential To: [Insert seller name] [Insert potential seller address] (the Seller) FAO: [insert name of relevant contact at the seller] Date: [insert date] Subject to contract Dear [insert name of relevant contact at the potential seller], Proposed acquisition of all of the issued shares of [insert target company name] (the Company) from [insert potential seller name] (the Seller) 1 Introduction 1.1 Further to our recent discussions, this letter sets out the principal terms and conditions upon and subject to which we, [insert buyer name] or a member of our group of companies (the Buyer), propose to acquire all of the issued shares of the Company (the Sale Shares) from the Seller (the Proposed Acquisition). Each of the Seller and the Buyer is a party and together they are the parties. 1.2 The terms in this letter are not exhaustive and[, with the exception of paragraphs [7.3,]8, 9 and 11,] is not intended to be legally binding on the parties. Neither party to this letter shall be legally bound to proceed with the Proposed Acquisition unless and until

This Practice Note provides practical guidance on proper execution of simple contracts and deeds by liquidators. A liquidation may be either: • insolvent (where a company is unable to pay its debts or its liabilities are greater than its assets), or • solvent It can be commenced by court order (compulsory liquidation) or out of court (voluntary liquidation). For information relating to the different forms of liquidation, see: • Compulsory liquidation—overview • Creditors' voluntary liquidation (CVL)—overview • Members' voluntary liquidation (MVL)—overview Quick view The table below provides a brief overview of the execution formalities applicable to liquidators and where related precedent execution clauses can be found. For further information, navigate to the document type using the links in the first column. Document type Can be made: Document can be executed by: Precedents Simple contracts By the company.See: section 43(1)(a) of the Companies Act 2006 (CA 2006). Under the common seal of the company applied by the liquidator.See: paragraph 7 of Schedule 4 to the Insolvency Act 1986 (IA 1986). Execution clause—liquidator—contract (Option 2). By signature of the

The term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties to create irrevocable interests in favour of ascertainable beneficiaries. The court recognises that all Wills can be revoked by the testator during their lifetime but in the case of mutual Wills, equity will protect and enforce the interests created by the agreement for the benefit of the beneficiaries. Mutual Wills therefore allow individuals to crystalise their wishes so that their estate passes on the second death in accordance with those wishes. Establishing the existence of a mutual Will The law as to what constitutes a mutual Will is helpfully summarised by John Gaunt QC in Charles v Fraser: • mutual Wills are Wills made by two or more persons, usually in substantially the same terms and conferring reciprocal benefits, following an agreement between them to make such Wills and not revoke them without the consent of the other In Dufour v Periera, the court confirmed that the mutual Will contract can be revoked

This Practice Note explains the 'two-stage tendering' approach commonly used to procure construction projects. Many employers use two-stage tendering to involve contractors at an earlier stage. It enables the employer and the selected contractor to work in collaboration during the second stage, with the contractor able to input on the design, buildability and value engineering aspects of the project whilst arriving at its final price for the works. Two-stage tendering is most commonly used in the tendering of lump sum contracts, both traditional and design and build. How does it differ from traditional single stage tendering? Two-stage tendering is increasingly being used as an alternative to the traditional single stage tender approach. Single stage tendering requires contractors to submit their tender for a project based on a design, shown by drawings and a specification or, if design and build, by the employer’s requirements and a programme. Based on the tenders received, the employer then selects the contractor that it wishes to appoint and with whom it will then enter into the building contract. The contractor therefore

The self-dealing rule The self-dealing rule is connected to, but distinct from, the fair dealing rule as well as the genuine transaction rule. There is authority that the rules are not, on a correct analysis, part of the duties or discretions of a trustee; rather they are restrictions which inhibit a trustee from acting in certain ways. This has important consequences in terms of limitation of any action against trustees by beneficiaries. The rule against self-dealing encompasses several slightly different rules which were considered in Right Reverend Hollis (Bishop of Portsmouth) v Rolfe: • a trustee cannot make a contract with themselves (subject to statutory exception) so any attempt to do so is ineffective—this was described in Right Reverend Hollis (Bishop of Portsmouth) v Rolfe as the primitive self-dealing rule, although it has also been described as the two-party rule • a trustee's power of sale cannot validly be exercised in their own favour (subject to any contrary provision in the trust instrument)—this was described in Right Reverend Hollis (Bishop of Portsmouth) v Rolfe