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The Public Procurement (Miscellaneous Amendments) Regulations 2011

Bircham Dyson Bell
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United Kingdom
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September 22 2011

On 17 August the Public Procurement (Miscellaneous Amendments) Regulations 20112 were published alongside a document summarising the responses to the consultation on how to implement the fallout from Uniplex v NHS Business Services Authority (which concerned time limits in procurement cases, and in which the court held that the UK rules on time limits for bringing proceedings did not accord with EU law

R (on the application of Harrow Solicitors and Advocates) v The Legal Services Commission

Bircham Dyson Bell
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United Kingdom
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September 22 2011

On 28 April 2011 the High Court has dismissed an application by an unsuccessful tenderer for review of a decision by a contracting authority not to allow the tenderer to correct a genuine mistake in the tender documents submitted

R (on the application of Hoole & Co) v Legal Services Commission

Bircham Dyson Bell
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United Kingdom
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September 22 2011

On 15 April 2011 the High Court dismissed an application for judicial review of the e-tendering procedure used by the Legal Services Commission

All About Rights Law Practice, R (on the application of) v Legal Services Commission

Bircham Dyson Bell
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United Kingdom
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September 22 2011

On 14 April 2011 the High Court dismissed an application for judicial review of a decision by the Legal Services Commission (LSC) to reject a tender and to refuse to allow the tenderer to provide missing information

Northern Ireland High Court sets aside contract award decision

Bircham Dyson Bell
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United Kingdom
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April 2 2012

The Northern Ireland High Court has set aside a contract award decision of the Northern Ireland Courts and Tribunal Service on the basis that a manifest and serious error in its assessment of one part of the successful tender, by taking into account immaterial considerations that were not specified in the tender documents

Northern Ireland Court of Appeal dismisses appeals regarding framework agreements

Bircham Dyson Bell
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United Kingdom
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April 2 2012

The Court of Appeal in Northern Ireland has dismissed two appeals against separate rulings of the High Court that set aside framework agreements entered into by Northern Irish government departments following breaches of the public procurement rules on the grounds on the one hand that the Department had failed to disclose sub-criteria used in assessing the tender and the weightings applied to those sub-criteria and on the other that the Department made a manifest error in the pricing mechanism used to assess tenders

Legal Services Commission right to reject tender

Bircham Dyson Bell
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United Kingdom
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April 2 2012

The High Court rejected an application for judicial review of a decision of the Legal Services Commission to reject a tender for the provision of legal services in the field of community care on the basis that the LSC had not acted unreasonably or disproportionately in rejecting the tender and in not allowing the claimant to amend an error in its tender

Court of Appeal rules on concession agreement

Bircham Dyson Bell
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United Kingdom
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April 2 2012

In relation to whether certain contracts awarded by the Ministry of Justice should be classified as public service contracts or public service concessions, the Court of Appeal concluded that contracts for the provision of bailiff services constituted services concessions on the basis that the fees for the services were collected from third parties and the risks relating to the management and operation of the bailiff service were transferred to the contractor

High Court rules on costs following procurement challenge

Bircham Dyson Bell
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United Kingdom
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April 2 2012

In relation to a ruling on costs following a judgment which found that Leeds City Council had breached the public procurement rules, the High Court concluded that although Mears should be regarded as the successful party overall, as it had established a breach which entitled it to damages, a proportionate costs order was appropriate as the Council had successfully defended a number of claims, and had resisted the claim for the procurement to be set aside and re-run

Mears Limited v Leeds City Council

Bircham Dyson Bell
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United Kingdom
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September 22 2011

On 19 April 2011 the High Court handed down a judgment finding that Leeds City Council had breached the public procurement rules in a tender for improvement and refurbishment works for social housing