Public Procurement in UK Law
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Chandler v Camden London Borough Council
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The failure to comply with the regulations is an unlawful act, whether or not there is no economic operator who wishes to bring proceedings under reg 47, and thus a paradigm situation in which a public body should be subject to review by the court.
Ms Chandler is not challenging the Secretary of State's decision because of any interest that she has in the observance of the public procurement regime but because she is opposed to the institution of Academy schools. She is thus attempting, or seeking, to use the public procurement regime for a purpose for which it was not created. In all the circumstances, it would, in our judgment, be outside the proper function of public law remedies to give Ms Chandler standing to pursue her claim.
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Sita UK Ltd v Greater Manchester Waste Disposal Authority
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At the heart of this case lies the question: what degree of knowledge or constructive knowledge is required before time begins to run? The knowledge must relate to, and be sufficient to identify, the "grounds" for bringing proceedings, as it is expressed in regulation 32(4)(b). So the question becomes: when is the information known or constructively known to the appellant sufficient to justify taking proceedings for an infringement of the public procurement requirements?
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Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group NHS Dartford, Gravesham and Swanley
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I do not ignore or underestimate the public interest in procurement exercises being conducted lawfully. But the likely knock-on effect of even a modest delay in resolving this case at trial must be brought into account as a significant counter-balance since it will prevent the efficient and timely introduction of the arrangements which the CCGs consider to be in the best interest of the people of Kent for whose welfare they too are responsible.
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Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust
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In my judgement, one important area of the public interest is the efficient and economic running of the National Health Service. In these times of economic difficulties and constraints, there is massive pressure on the different arms and parts of the NHS to make savings. One main area is and must be the procurement of medical goods, drugs, equipment and services. It is not for the Court however to determine how the different parts of the NHS must achieve efficient and cost saving procurement.
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Risk Management Partners Ltd v Brent London Borough Council (No 1)
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As Waller LJ said in Oakley Inc v Animal Ltd (Secretary of State for Trade and Industry intervening) [2006] Ch 337, para 39, the primary objective of any secondary legislation under section 2(2) must be to bring into force laws which, under the Treaties, the United Kingdom has agreed to make part of its laws.
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Alstom Transport v Eurostar International Ltd and Another
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- The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022
- The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023
- The Public Procurement (Electronic Invoices etc.) Regulations 2019
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The Public Contracts Regulations 2015
...... for the Cabinet Office is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to public procurement and in relation to the combating of late payment in commercial transactions . Amendments (Textual) # F1 1972 c.68; section 2(2) was amended by the ......
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Public procurement re-examined
Academically, public procurement has been a neglected area of study even though governmental entities and public procurement practitioners have diligently worked to improve public procurement pract...
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Public procurement procedures in Turkey
Turkey transformed the public procurement procedures in year 2002 by two laws; Public Procurement Law and Public Procurement Contracts Law. This situation brought about challenges for the stakehold...
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Theory building in public procurement
Purpose: The purpose of this paper is to examine the level of theory building in public procurement by reviewing and classifying manuscripts published in the Journal of Public Procurement (JoPP) fr...
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Ethics in public procurement: buying public trust
No procurement professional wants their name featured in the negative headlines. Ethics is a significant issue when it comes to public procurement. Public procurement professionals must keep abreas...
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Public Procurement Law Update: Brexit
It will not have escaped your attention that the UK will leave the European Union at 11 p.m. GMT (midnight CET) on January 31, 2020. What are the implications for public procurement? Regardless of ...
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UK Public Procurement Law Digest: Removing Mandatory Suspensions
Since the new UK public procurement remedies regime came into force, we have been waiting for examples of how the courts will deal with the new mandatory suspension remedy. We now have the answer. ...
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UK public-procurement post-Brexit – quick guide
For those involved with development projects and public sector procurement you will be interested to read our update, including a Quick Guide, on Post-Brexit procurement. The first of a two-part se...
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UK Government Publishes Green Paper on Transforming Public Procurement
The UK government published a Green Paper on December 15 that includes proposals to shape the future of public procurement in the United Kingdom by speeding up and simplifying public sector procure...