Date: 15 June 2020
Over the last 18 months our procurement specialists have been involved in some of the leading cases and key developments in the area. To keep you abreast of all the latest news, our barristers have been running regular focussed surgeries, producing topical podcasts and generating insightful content through articles and blogs.
We have collated all of these resources into one easy to access page below. If you would like to be on our mailing list to receive articles and event invitations direct to your inbox, please contact the marketing team at firstname.lastname@example.org.
Procurement Articles and Blogs
- Apparent Bias in Award of Procurement Contract – Simon Taylor discusses the latest instalment in a series of challenges to COVID-19-related government procurement brought by campaigning group the Good Law Project, which makes some interesting points about claims of apparent bias in procurement.
- Challenge to HS2’s £1 Billion Procurement Defeated on Multiple Fronts – Sarah Hannaford QC, Simon Taylor and Ben Graff provide commentary on Bechtel v HS2, in which they represented the successful Defendant (April 2021)
- Remedies In Public Procurement Law – This practice note by Simon Taylor provides guidance on standing to bring a claim, the standstill period, automatic suspension and ineffectiveness. It has been updated generally and to reflect the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (SI 2020/1319) which came into force at 11.00 pm on 31 December 2020. (March 2021)
- Public Procurement In The UK Practice Note – Simon Taylor looks at the public procurement regime that applies in England and Wales from Brexit IP completion day (11.00 pm on 31 December 2020) following the withdrawal of the UK from the EU. His note includes a review of who must comply, contract thresholds, in-house contract awards, the obligations if the rules do apply and the remedies for a failure to comply with the rules.
- When the Gamble Doesn’t Pay Off– Fionnuala McCredie QC and Rachael O’Hagan review the Rail Franchising Litigation judgment, in which they acted for the successful Defendant (December 2020)
- Abandonment After Amey v West Sussex – Simon Taylor discusses Amey v West Sussex, the questions that it raises and the guidance it provides for contracting authorities considering abandoning a procedure that has gone wrong. (January 2020)
Procurement Surgeries and Webinars
- Procurement Surgery – Episode 5 – 25 May 2021 – In this episode the panel (Sarah Hannaford QC, Fionnuala McCredie QC, Charles Banner QC, Simon Taylor and David Gollancz) delved into the latest audience questions related to hot topics in procurement.
- Procurement Surgery – Episode 4 – 29 March 2021 – In this episode the panel delved into the latest audience questions related to hot topics in procurement, including the Bechtel v HS2 judgment with Sarah Hannaford QC, Fionnuala McCredie QC, David Gollancz, Simon Taylor and Ben Graff.
- Procurement Surgery – Episode 3 – 25 January 2021 – This episode focused on the recent publication by the Cabinet Office of the Green Paper on Transforming Public Procurement with Sarah Hannaford QC, Fionnuala McCredie QC, Charles Banner QC, Rachael O’Hagan, David Gollancz, Simon Taylor, James Frampton and Ben Graff.
- Procurement Surgery – Episode 2 – 12 November 2020 – an interactive session discussing current issues and answering audience questions related to hot topics in procurement with Sarah Hannaford QC, Fionnuala McCredie QC, Simon Taylor and David Gollancz.
- Webinar: “Public Works Contracts after Faraday” – 17 September 2020 – The panel (Sarah Hannaford QC, Fionnuala McCredie QC, Charles Banner QC and James Frampton) discussed current hot topics and unresolved questions following the Court of Appeal’s ground-breaking judgment in Faraday Development Ltd v. West Berkshire Council  PTSR 1346.
- Procurement Surgery – Episode 1 – 8 September 2020 – an interactive session discussing current issues and answering audience questions related to hot topics in procurement with Sarah Hannaford QC, Fionnuala McCredie QC, Charles Banner QC, Simon Taylor and David Gollancz.
- Procurement Webinar – 1 July 2020 – Sarah Hannaford QC, Fionnuala McCredie QC, Rachael O’Hagan, Simon Taylor and David Gollancz discussed ‘The Rail Franchise Litigation’, ‘Amendments to Pleadings and Limitation: Accessible Orthodontics v NHS England‘ and ‘Procuring and Litigating during COVID-19‘.
- Transforming Public Procurement: Episode 1 – Meeting the UK’s Needs – Who defines the public good and will the Scottish and UK governments agree? Will the National Procurement Policy Statement be mandatory and micro-managerial? Will the Review Unit really improve commercial capability? With Charles Banner QC and David Gollancz.
- Transforming Public Procurement: Open and Transparent Contracting – How does the “publish early and publish all” approach sit with the government’s wish to impose the least burden on the public sector – or businesses? Given how hard authorities find it to comply with FOI, EIR and GDPR, how will they manage open contracting? What actually is transparency and do the proposals promote it? With Fionnuala McCredie QC and David Gollancz.
- Transforming Public Procurement: Fair and Fast Challenges – Low-value and in-flight cases to a generalist Tribunal or two tracks in the TCC? Reforming the test for the automatic suspension: ditch the adequacy of damages test? Will we miss debrief letters when they’re gone? And if maximum damages are 1.5 x bid costs, will anyone bother to challenge anyway? With Sarah Hannaford QC and David Gollancz.
- Public Procurement in Transition – Again – Following IP Completion Day on 31 December 2020, EU law no longer applies in the UK…except that it sort of does. Simon Taylor and David Gollancz discuss the effect of the amended Regulations: why economic operators in the EU and the GPA have different rights (and what about Gibraltar?), which case law will apply when, can utilities still apply for exemption, and how will the playing field be levelled between the UK home nations?
- Standing in Public Procurement Judicial Review – Charlie Banner QC and David Gollancz review the cases on standing for judicial review in procurement, from Mass Energy in 1994 to Good Law Project in 2021, by way of Pergau Dam and Chandler.
Procurement Case Notes
- Bechtel Limited v High Speed Two (HS2) Limited  EWHC 458 (TCC)
- Accessible Orthodontics (O) Ltd and Accessible Orthodontics LLP v National Health Service Commissioning Board  EWHC 44 (TCC)
- Community R4C Ltd v Gloucestershire County Council  EWHC 1803 (TCC)
- MSI-Defence Systems Ltd v Secretary of State for Defence  EWHC 164 (TCC)
- 2019 Rail Franchising Litigation  EWHC 1568 (TCC)
- Accessible Orthodontics (O) Ltd and Accessible Orthodontics LLP v National Health Service Commissioning Board  EWHC 785 (TCC)
- Circle Nottingham Limited v NHS Rushcliffe Clinical Commissioning Group  EWHC 3635 (TCC)
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