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On 5 September 2023 Birmingham City Council – “Birmingham” – issued a Section 114 Notice under the Local Government Act 1988 (the Act). The decision to issue that notice was prompted by an anticipated budgetary deficit of around £87m between income and expenditure for the 2023/24 financial year and a recognition that Birmingham could not…

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Introduction Under section 123 of the Local Government Act 1972 (the “1972 Act”), local authorities enjoy the power to dispose of land in their possession. Judicial review challenges of decisions to dispose of land using this power are nothing new. However, what is noteworthy is the growing frequency and intensity of these challenges. R (Cilldara)…

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Introduction The recent judgment in Boxxe Limited v Secretary of The State For Justice [2023] EWHC 533 (TCC) provides practitioners with helpful guidance which goes beyond the customary application of the American Cyanamid principles to be applied when ending the automatic contract making suspension.  The case considers the recent strand of cases where an expediated…

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On 20 June 2022, the Technology and Construction Court issued its judgment in Braceurself Ltd v NHS England [2022] EWHC 1532 (TCC). Background The case considered a nationwide re-procurement for orthodontic services where the defendant misunderstood the claimant’s answer to one of the competition questions and this resulted in its bid being unsuccessful with a…

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