To Hull and Back: TCC considers whether adjudication decisions regarding EfW plant contract can be enforced

Engie v MW High Tech Projects[1] is the latest in a long line of cases arising from the construction and/or operation of Energy from Waste (EfW) plants. In this case, O’Farrell J has ruled that adjudicators’ awards cannot be enforced due to an exclusion in the Construction Act  in respect of power generation activities. The…

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Procurement Policy Note 05/20 – The Outsourcing Playbook V2.0

The Updated Playbook The fifth PPN of 2020 draws attention to the recent publication of the Cabinet Office’s Outsourcing Playbook v2.0. The original iteration of the Playbook was designed to help central government departments make better decisions in relation to outsourcing by codifying best practice from across government. The updated version builds on the original…

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PFI: The Last Dance

2018 marked the formal abolition of PFI and the coming decade will see a majority of the existing contracts expire. But PFI’s forthcoming extinction has not made the scheme any less controversial or the success of individual projects any less important to authorities. We consider some topical themes including the continuing ubiquity of contractual ambiguity,…

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Procurement case note: Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport (2020)

Considering the principles of transparency and fairness in the exercise of discretion On 17 June 2020, the High Court handed down its judgment in a case with important implications for the contracting authorities undertaking procurement exercises, Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC). The…

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COVID-19: Solving CIL Difficulties

New Community Infrastructure Levy Guidance and Section 106 Agreements The Difficulties The Community Infrastructure Levy (‘CIL’) is usually payable when development of a CIL-liable planning permission commences. The Community Infrastructure Levy Regulations 2010 (‘CIL Regs 2010’) require that standard payments are made within 60 days of the intended commencement date (regulation 70) and while the…

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Procurement Policy Note 03/20 – Use of Procurement Cards

The third PPN published in quick succession (PPN 03/20) saw the Government issue guidance on the use of procurement cards by ‘in scope organisations’ (Central Government Departments, their Executive Agencies and Non Departmental Public Bodies). Procurement cards are widely used in the public sector for transactions below certain thresholds, and have been found to save…

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