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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Public Procurement after Brexit: June 2020 update

In this rapidly evolving environment, one would be forgiven for having missed the government’s announcement last week that the UK has given formal confirmation to the EU that the Brexit transition period will not be extended beyond the end of 2020.  This means the amended public procurement regulations will take effect at the start of…

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Time Limits for Starting Procurement Challenge Proceedings and Extending those Time Limits

Introduction In a  previous earlier article we highlighted almost simultaneous but contrasting judgements[1] concerning the strict 30 day time limit for starting proceedings under the Public Contracts Regulations 2015 (“the Regulations”) in Regulation 92(2) and the restricted  jurisdiction to extend those time limits under Regulation 92(4) and (5). The recent judgement in Riverside Truck Rental…

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Ocean Outdoor UK Limited v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642

Introduction On 8 October 2019, the Court of Appeal handed down judgment in the first appeal to consider the Concession Contracts Regulations (‘the CCR 2016’). The Court unanimously dismissed an appeal from Ocean Outdoor UK Limited (‘Ocean’) against the decision of O’Farrell J, who had dismissed Ocean’s procurement challenge claiming that the CCR 2016 applied…

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Procurement impact if there’s a ‘no deal’ Brexit (Update)

The information in this article reflects the position at the time of writing. The latest position at 6 February 2020 is detailed here. On 14th January 2019, the Government published guidance on public procurement procedures in the event of a “no deal” Brexit. This was most recently updated on 4th September 2019 suggesting that contracting…

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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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