UK Government publishes long-awaited Green Paper on transforming public procurement

The UK Government has published a Green Paper proposing fundamental reforms of the public procurement rules governing the purchase of goods, works and services by the public sector and certain utilities. Those rules are currently set out in a series of UK regulations that are based very closely on EU directives. Following Brexit, the Government wishes … Read more

The UK gears up for public procurement outside the EU

The Government continues to prepare the ground for the regulation of public procurement after the Brexit transition period expires on 31 December 2020. On 19 November it enacted the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020, which amend the existing UK procurement regulations in order to reflect the fact that the UK will no … Read more

Procurement Disputes

Public procurement is an area where in recent years there has been a significant growth in litigation. In contrast to ordinary public law principles, where there is a high threshold before the court will intervene, procurement law involves a much more searching approach to review. Exacting standards are applied to the conduct of procurement processes, … Read more

Public Procurement Podcast Series

We are pleased to share with you this podcast series where our procurement law experts discuss hot topics and live issues in the field of public procurement. Read more

Navigating Public Procurement in the COVID-19 era

As with almost all areas of commercial activity, public procurement across all sectors is currently experiencing varying degrees of extreme disruption. The UK Cabinet Office has issued general guidance and support in the form of three Procurement Policy Notes: PPN 01/20, addressing how public authorities may meet their urgent and unexpected needs for certain goods, … Read more

Arrested Development Court of Appeal issues first declaration of ineffectiveness under the English procurement regime

For the first time, the Court of Appeal has issued a declaration of ineffectiveness under the English procurement regime in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532, allowing an appeal against the first instance decision. The challenge concerned a development agreement for a parcel of land owned by the respondent Council which had been … Read more

Public Procurement Health Check – TCC Decision Provides Checklist of how Public Procurement Exercises can go Awry

In a decision which will have important implications for the conduct of public procurement exercises, the Technology and Construction Court (“TCC“) has set aside the award of a public procurement contract on the grounds that the reasons given for the evaluation scores awarded to the tenderers were insufficient in law. In Lancashire Care NHS Foundation Trust … Read more