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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Changes to Statements of Truth

On 6 April 2020 amendments to Civil Procedure Rules (the ‘CPR’), Practice Directions (‘PD’) 22 and 32 come into effect, pursuant to the 113th update to the CPR. The amendments introduce changes to the wording of Statements of Truth and add a new provision into the PD dealing with the contents of witness statements. The…

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Derby City Teaching Hospitals NHS Foundation Trust and 16 Others v Derby City Council and 44 Others [2019] EWHC 3436 (Ch)

William Rose, a Partner at Sharpe Pritchard LLP, has acted for the Local Government Association in defending claims brought by 17 NHS foundation trusts against 45 local authorities. The NHS foundation trusts claimed that they should be considered to be charities and that the relevant NHS property is wholly or mainly used for charitable purposes….

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