Public Procurement
Regulation 101 - The consequences of ineffectiveness In Regulation 101 we can find the consequences of a declaration of ineffectiveness. Contrary to other jurisdictions where contracts are considered to be null and void from the start because the award decision was illegal, in England, Wales and Northern Ireland, ineffectiveness only
Public Procurement
Regulation 100 - General interest grounds for not making a declaration of ineffectiveness Regulation 99 establishes a number of limited grounds whereby the court may declare the ineffectiveness of a contract. Regulation 100 establishes exceptions to those grounds effectively mandating the court not to declare ineffectiveness if there are overriding
Public Procurement
Regulation 99 - Grounds for ineffectiveness Regulation 99 provides the three grounds for ineffectiveness that can be used to annul a contract already entered into. This is an exclusive list and only the grounds herewith contained can give rise to a declaration of ineffectiveness under Regulation 98. The three ineffectiveness
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1. PPP/PFI risks (in Spanish). I would add to the list information asymmetry and regulator capture. Very good points nonetheless. 2. Damages and re-tendering awarded in Woods Building Services vs Milton Keynes Council [2015] EWHC 2172 (TCC). Interestingly enough although Judge Coulson recognised that the decision should be set
Public Procurement
Regulation 98 - Remedies where the contract has been entered into This Regulation defines the remedies available to the Court after a contract has been entered into between the contracting authority and an economic operator where there was a breach of the duty owed by force of Regulations 89 and
Public Procurement
Regulation 97 - Remedies where the contract has not been entered into This Regulation establishes what remedies are available to the court in case the contract is yet to have been entered into. The remedies for situations where contracts have been entered into can be found in Regulation 98. The
Public Procurement
Regulation 96 - Interim orders This Regulation enables the Court to make interim orders while the main judicial procedure is taking place and before the final decision is produced. This is valid for first instance court cases and I suspect for appeals as well. As for the interim orders that
Public Procurement
Regulation 95 - Contract-making suspended by challenge to award decision In accordance with this Regulation, under certain situations an award decision is suspended and the contracting authority is barred from entering into the contract. The conditions are set in paragraph 1, where it is set that if an award challenge
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1. Swansea will have a tidal lagoon and main contractor is looking for suppliers. I have nothing against "meet the buyer" or networking type of events, but I am never keen on the "local" spin people put on them. 2. How easy will it be for
Public Procurement
Regulation 94 - Starting proceedings This Regulation defines how the proceedings before the court are to start. As a general rule, the economic operator wishing to start the proceedings must serve the claim form on the contracting authority within 7 days of it being issued, in accordance with the rules
Public Procurement
Regulation 93 - Special time limits for seeking a declaration of ineffectiveness In Regulation 93 we can find the special time limits for declarations of ineffectiveness of contracts that have been awarded. As with Regulation 92, the drafting is slightly convoluted and it contains different triggers to start the time
Public Procurement
Regulation 92 - General time limits for starting proceedings Regulation 92 marks the start of the general remedies section applicable to public contracts tendered in England, Wales and Northern Ireland. This first Regulation is focused on the general time limits for starting proceedings in all situations except those seeking a