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McLaughlin & Harvey Ltd v Department of Finance & Personnel [2011] NICA 60

IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND________ BETWEEN: McLAUGHLIN AND HARVEY LIMITED Plaintiff/Respondent; -and-DEPARTMENT OF FINANCE AND PERSONNEL Defendant/Appellant. ________Before: Morgan LCJ, Higgins LJ, and Weatherup J ________ MORGAN LCJ [1] The appellant issued an open competition for contractors to be placed on a Framework Agreement whereby they could then tender for individual […]

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Changing existing contracts and the procurement rules – buyer beware?

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By David Hansom, partner and head of public sector team, Veale Wasbrough Vizards The Government has announced a plan to revisit existing PFI contracts to renegotiate terms with a view to bringing about further savings through contract changes. But at what point do the procurement rules bite? David Hansom looks at the key issues to […]

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Lifting of automatic suspension denied

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By Daradjeet Jagpal is a solicitor at Harper Macleod LLP In First4Skills Limited v Department for Employment and Learning, the Northern Irish High Court has refused an application by the Department for Employment and Learning to lift the automatic suspension under procurement rules, which prevents it from entering into a contract for the provision of […]

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Ford publishes Access to Justice report

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Northern Ireland Justice Minister David Ford has published for consultation the Access to Justice Report. Commissioned last year as part of the Minister’s agenda to reshape the justice system, the report, undertaken by Jim Daniell,  a former civil servant and past Chairman of the Northern Ireland Legal Services Commission, makes 159 conclusions and recommendations on […]

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New public procurement regulations impact timelines for making complaints

Law and Justice

By Ruth McNaught, Solicitor, Harper Macleod LLP On 25 August 2011, the Cabinet Office announced the results of its consultation on the implementation of the European Court of Justice’s (ECJ) decision in the Uniplex case (Uniplex (UK) Limited v NHS Business Services Authority) and published the Public Procurement (Miscellaneous Amendments) Regulations 2011 (the ‘Regulations’), making […]

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Review of EU procurement directives

Government Opportunities

By Daradjeet Jagpal, Solicitor, Harper Macleod LLP Earlier this year, the European Commission issued a Green Paper containing a number of questions relating to the modernisation of EU public procurement law. The Cabinet Office recently published the UK’s response to the consultation questions. The UK Government’s detailed response contains a number of useful submissions: The […]

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The importance of bringing a claim for ineffectiveness promptly

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By Ruth McNaught, Solicitor, Harper Macleod LLP The English High Court has struck out an application for a declaration of ‘ineffectiveness’, highlighting the importance of bringing actions for the setting-aside of contracts promptly (Alstom Transport v. (1) Eurostar International Limited and (2) Siemens PLC [2011] EWHC 1828).  As readers will be aware, the ineffectiveness remedy […]

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New Procurement Rules for Defence and Security Contracts

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By Daradjeet Jagpal, Harper Macleod LLP The Defence and Security Public Contracts Regulations 2011 (the “Regulations”) have now been published. The Regulations come into force on 21 August 2011, apply to procurements beginning on or after that date and cover the procurement of equipment, works or services for security purposes and procurements which involve, require […]

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Local authority regeneration contracts complete

Government Opportunities

McGrigors, a law firm based in Manchester, has rounded off a remarkable six months with the completion of a hat trick of deals worth around £3bn. The firm’s Manchester Infrastructure team has completed advice on three major infrastructure projects in the North of England and expect more to follow in the second half of the […]

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Challenging contract awards during the standstill period

Government Opportunities

By Daradjeet Jagpal, Harper Macleod LLP In Rutledge Recruitment and Training Limited v Department for Employment and Learning, the Northern Irish High Court lifted the automatic suspension during the standstill period and allowed the Department to enter into a contract for the provision of training services. Procurement rules provide for a standstill period of at […]

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