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