‘Not limited to exceptional cases’: unsuccessful challenge of a procurement abandonment in Ryhurst Ltd v Whittington Health NHS Trust [2020] EWHC 448 (TCC)

The claimant, Ryhurst Ltd, was awarded a contract for a ten-year strategic estates partnership by the respondent, the Whittington Health NHS Trust, following a procurement exercise.  Ryhurst was part of a group which included a company that had been responsible for the supply and installation of cladding at Grenfell Tower. The Trust later abandoned the…

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NIS Regulations – One Year On

The NIS Regulations – One Year On What is the relevance for the public sector and how can compliance be ensured? THE NIS DIRECTIVE The Network and Information Security or the NIS Directive, also known as the Cybersecurity Directive, intends to establish a uniform level of cybersecurity for network and information systems that process ‘digital…

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NIS Regulations – One Year On

‘Smash and grab’ adjudications, is the picture any clearer? – M Davenport Builders Limited v Greer and another [2019] EWHC 318 (TCC) Background The claimant, M Davenport Builders Limited, and the defendants Colin and Julia Greer had entered into a construction contract to which the Scheme for Construction Contracts applied, under the 1996 Construction Act,…

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‘Smash and grab’ adjudications, is the picture any clearer? – M Davenport Builders Limited v Greer and another [2019] EWHC 318 (TCC)

‘Smash and grab’ adjudications, is the picture any clearer? – M Davenport Builders Limited v Greer and another [2019] EWHC 318 (TCC) Background The claimant, M Davenport Builders Limited, and the defendants Colin and Julia Greer had entered into a construction contract to which the Scheme for Construction Contracts applied, under the 1996 Construction Act,…

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Abbvie Ltd v NHS England – equal treatment and “margin of discretion” in evaluation – what does it mean for contracting authorities and utilities?

AbbVie Ltd v NHS Commissioning Board [2019] EWHC 61 (TCC) Background A challenge was brought by the American pharmaceutical company Abbvie Limited (“Abbvie”) against the NHS Commissioning Board’s (“NHS England”) Hepatitis C (“HCV”) drug procurement. The procurement, launched in spring 2018, is the largest NHS drug procurement ever undertaken, letting contracts worth nearly £1 billion…

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Contractual Challenges in Cloud Computing Agreements

No longer the new kid on the block, cloud computing agreements are now common place both in the private and public sector. Cloud computing brings with it clear technical and commercial advantages. Customers leverage delivery of information technology as services via the Internet, with no requirement to purchase or install software, meanwhile benefitting from large…

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