Practical Law

The dust has had a bit of time to settle since Edwards-Stuart J’s decision in Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd, which was handed down in January. Since then, the sub-contractor has been refused permission to appeal, and the litigation has now been settled. Despite this, the decision does raise some important … Continue reading Conditions precedent and the potential application of UCTA →

With the advent of online legal resources and, in particular, the online availability of legal textbooks such as Chitty on Contracts, many lawyers do away with purchasing hard copy practitioner’s texts. I always think that is a bit of a shame. I am surely not the only one who has been scrabbling around Chambers the … Continue reading The curious case of CPR 7.7 →

An aggrieved tenderer will always want to find out as much as possible about what happened during a procurement process in order to fully understand why its bid failed. For most procurements (other than those either under threshold or for Part B services), the Public Contracts Regulations 2006 (SI 2006/5) (and as amended) (Regulations) contain … Continue reading Disclosure in public procurement challenges →

In December 2010, I was involved in resisting an application to lift the automatic suspension imposed by regulation 47G(1) of the Public Contracts (Amendment) Regulations 2009 (SI 2009/2992) (2009 Regulations) so as to enable a hospital trust to award a public contract to the successful tenderer. This post sets out my experience of the court’s approach … Continue reading Lifting the automatic suspension in public procurement after Indigo and Exel →