Public Procurement – Availability of the Ineffectiveness Remedy, First Ground, and the Court of Appeal refuses permission to appeal in AEW v. Basingstoke & Deane Borough Council

Background Agreements for the development of land have proven to be a valuable source of judicial guidance on procurement law issues associated with variations to contracts post award[1] and the ineffectiveness remedy[2]– first ground. The first ground appears in Regulation 99(2) of the Public Contracts Regulations 2015 and “… applies where the contract has been…

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Judicial Review – No Exemption from NHS Charges for Overseas Visitors in Human Rights Based Application for Leave to Remain

Background On 16th May 2019 Mr Justice Karr dismissed a human rights judicial review claim challenging charges levied under the NHS Charges to Overseas Visitors Regulations 2015 (“the 2015 Regulations”). Essentially this case concerned:- The 2015 Regulations which govern the charging of overseas visitors receiving NHS treatment (being persons not ordinarily resident in the United…

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Contrasting Developments in extending the time limit for starting procurement challenge proceedings

A breach of duty owed to an economic operator under the Public Contracts Regulations 2015 (Regulations) is enforceable by proceedings commenced in the High Court. The time limit for starting such procurement challenge proceedings (and serving them) are of special note because the rules are different to ordinary claims and are also especially important because:- …

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The Supreme Court considers ‘Wrotham Park’ damages in Morris–Garner (Appellant) v. One Step [2018] UKSC 20

The significance of this decision was set out in the first paragraph of the leading judgment delivered by Lord Reed:  “This appeal raises an important question in relation to the law of damages: in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have…

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