Legal Blog


Review of EU procurement directives

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... (Continue reading)

The importance of bringing a claim for ineffectiveness promptly

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... (Continue reading)

New Procurement Rules for Defence and Security Contracts

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... (Continue reading)

Challenging contract awards during the standstill period

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... (Continue reading)

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Procurement challenges – the importance of bringing proceedings in time

By Daradjeet Jagpal, Harper Macleod LLP The English High Court has ruled in the case of Mermec UK Limited v Network Rail Infrastructure Limited that an unsuccessful tenderer was unable to bring a damages claim for breach of the procurement... (Continue reading)

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How to create an anti-bribery policy

  Derek Hogg, Partner and Head of Public Sector Group and James Kelly, Partner and member of HM Bribery team, Harper Macleod LLP The Bribery Act 2010 (the ‘Act’) came into force on 1 July 2011. It introduces changes in... (Continue reading)

Tender requirements and the principle of equal treatment

By Ruth McNaught, Solicitor, Harper Macleod LLP In their recent decision in Elekta Limited v The Common Services Agency, The Court of Session considered both the justification for a contracting authority specifying very particular functional requirements and the circumstances in... (Continue reading)

Disclosure of sub-criteria and relative weightings

By Amy Mackenzie, Researcher at Harper Macleod LLP In a recent decision on the use and disclosure of criteria, sub-criteria and weightings for the purpose of bid evaluation (J Varney & Sons Waste Management Limited v Hertfordshire County Council), the... (Continue reading)

Contracting authority may have breached the Public Contracts Regulations 2006

By Amy Mackenzie, Researcher at Harper Macleod LLP The High Court of England and Wales recently made its decision in the case of Harry Yearsley Limited v Secretary of State for Justice, which concerned a claim against the Ministry of... (Continue reading)

Permits and discrimination

By Amy Mackenzie, Researcher at Harper Macleod LLP On 9 June 2011 the Court of Justice of the European Union (CJEU) dismissed an appeal by an unsuccessful bidder against a finding of the General Court that dismissed as ‘inadmissible’ its... (Continue reading)

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