Possession Proceedings: Act fast but be ready to wait

The stay on possession proceedings ended on Sunday 20 September 2020. Possession proceedings which were sent to Court during the stay will now be issued and ongoing proceedings can recommence. However, it is anticipated that there is going to be a significant backlog of cases for the courts to determine. Background On 27 March 2020,…

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Standing to bring a Procurement Challenge

In a trial of two preliminary issues in Community R4C Ltd -v- Gloucestershire County Council [2020] EWHC 1803 (TCC) the Court held that a consortium was not an Economic Operator under the Public Contracts Regulations 2015 (PCR 2015).  Even if it was, in a hypothetical tender the consortium would not have had the financial standing to pass…

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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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Stand up for your interest: interested parties and standing to apply for a variation of an Aarhus Convention cost cap

The Aarhus Convention has for some time now been a welcome benefit to claimants involved in environmental litigation ensuring that there is ‘inexpensive’ access to justice in such cases and helping (as far as possible) to ensure an equality of arms. This has been of particular benefit to individuals and local interest groups looking to…

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Mohamed & Lahrie v London Borough of Waltham Forest and Secretary of State for Housing, Communities and Local Government

Sharpe Pritchard LLP acted for the London Borough of Waltham Forest (the ‘Council’) in defence of two claims for judicial review of decisions made against Mr Mohammed and Mrs Lahrie (the ‘Claimants’), directors of property companies operating, and owners of property, in the London Borough of Waltham Forest. On 7 May 2020, the High Court…

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Guidance Notes for Construction Contracts – Procurement Policy Note 02/20

On 6 April 2020, the Cabinet Office published helpful guidance notes on the implementation of Procurement Policy Note 02/20 by contracting authorities in England in relation to existing works contracts. Options for Relief The guidance sets out a non-exhaustive list of different forms of relief that a contracting authority can agree with a supplier whose…

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