Public Procurement in UK Law

Leading Cases
  • Chandler v Camden London Borough Council
    • Court of Appeal (Civil Division)
    • 09 October 2009

    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.

  • Sita UK Ltd v Greater Manchester Waste Disposal Authority
    • Court of Appeal (Civil Division)
    • 24 February 2011

    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?

  • Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group NHS Dartford, Gravesham and Swanley
    • Queen's Bench Division (Technology and Construction Court)
    • 27 May 2016

    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.

  • Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust
    • Queen's Bench Division (Commercial Court)
    • 21 December 2010

    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.

  • Risk Management Partners Ltd v Brent London Borough Council (No 1)
    • Supreme Court
    • 09 February 2011

    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.

  • Alstom Transport v Eurostar International Ltd and Another
    • Chancery Division
    • 29 October 2010

See all results
Legislation
See all results
Books & Journal Articles
  • Public procurement re-examined
    • No. 1-1, April 2001
    • Journal of Public Procurement
    • 9-50
    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...
  • Public procurement procedures in Turkey
    • No. 6-1/2, March 2006
    • Journal of Public Procurement
    • 100-129
    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...
  • Theory building in public procurement
    • No. 18-4, November 2018
    • Journal of Public Procurement
    • 282-305
    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...
  • Ethics in public procurement: buying public trust
    • No. 9-3/4, March 2009
    • Journal of Public Procurement
    • 411-418
    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...
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT