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The recent case of Newcastle Upon Tyne Hospitals NHS Foundation Trust vs Newcastle Primary Care Trust and Others [2012] gives new guidance on when damages will be an adequate remedy in cases where a contract has been suspended under the... (Continue reading)

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The Procurement Regulations and Land Transactions

By Ruth McNaught, Solicitor at Harper Macleod LLP A ruling of the High Court, which examined the applicability of the principles of European procurement law in relation to land transactions, was handed down in the case of  R (on the... (Continue reading)

Trade union application for judicial review rejected

Government Opportunities

By Ruth McNaught, Solicitor at Harper Macleod LLP  In the case of R v NHS Shared Business Services Ltd and another, trade union Unison sought to challenge the decision of ten primary care trusts (“PCTs”) to enter into contracts with... (Continue reading)

Clarification of tender responses

Government Opportunities

By Ruth McNaught, Solicitor at Harper Macleod LLP In our blog ‘Abnormally low bids’ (14 December 2011), we considered how a contracting authority should deal with bids that appear to be abnormally low. This issue has been further examined in... (Continue reading)

The Public Contracts (Scotland) Regulations 2012 have been published

Law and Justice

By Ruth McNaught, Solicitor, Harper Macleod LLP The Public Contracts (Scotland) Regulations 2012 (the “Regulations”) – which consolidate the Public Contracts (Scotland) Regulations 2006 and all subsequent amendments – have now been published. The Regulations also introduce a number of... (Continue reading)

Help for SMEs in procuring government contracts

Successful negotiations

By Ruth McNaught, Solicitor at Harper Macleod LLP The UK Government has announced a series of measures intended to make it easier for small and medium-sized enterprises (SMEs) to compete for government contracts. The measures include: The elimination of the... (Continue reading)

‘Contracting authority’ – definition difficulties

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By Ruth McNaught, Solicitor, Harper Macleod LLP The High Court’s 20 January 2012 judgment in Alstom Transport v Eurostar International Limited, [2012] EWHC 28 (Ch), considered as a preliminary issue whether the defendant, Eurostar International Limited (‘Eurostar’), fell within the... (Continue reading)

New thresholds now in force

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Ruth McNaught, Solicitor at Harper Macleod LLP The EU Commission has published the new financial thresholds which will apply from 1 January 2012 through to 31 December 2013 for the application of the Public Contracts Regulations 2006, the Utilities Contracts... (Continue reading)

EU General Court rejects appeal against Commission contract award decision

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Daradjeet Jagpal, Solicitor at Harper Macleod LLP The EU General Court has rejected Greek company European Dynamics’ appeal against the rejection of its tender by the European Commission on the basis there had been no errors in the tender evaluation.... (Continue reading)

‘Abnormally low’ bids

Government Opportunities

By Ruth McNaught, Solicitor at Harper Macleod LLP Competitive tendering is an obvious way to achieve fiscal savings for contracting authorities. But what if a tenderer submits a bid that appears to be abnormally low? Does the contracting authority have... (Continue reading)

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