13 July 2022
Public procurement podcast series
Our procurement law experts discuss hot topics and live issues in the field of public procurement. The series features episodes on the various stages of the procurement process, from the tender process itself, pre-action steps in a procurement litigation and practical tips for a procurement...
23 April 2020
Navigating Public Procurement in the COVID-19 era
As with almost all areas of commercial activity, public procurement across all sectors is currently experiencing varying degrees of extreme disruption. The UK Cabinet Office has issued general guidance and support in the form of three Procurement Policy Notes: PPN 01/20 , addressing how public...
28 January 2020
Public Procurement: Public interest prevails as High Court lifts suspension of Network Rail contract
In a judgment handed down on 20 December 2019, the High Court in Alstom Transport UK Ltd v Network Rail Infrastructure Ltd  EWHC 3585 (TCC) allowed Network Rail Infrastructure Ltd (“ Network Rail ”) to enter into a major signalling contract with Siemens. The court lifted the automatic...
19 September 2019
Procurement bans and “self-cleaning” under Spanish competition law
In this video update, Henar Gonzalez (head of the Competition and Trade practice in Madrid) analyses the “self-cleaning” measures that companies should implement to prevent being excluded from public procurement processes, against the background of bans recently imposed by the Spanish Competition...
29 August 2019
Could an expanded development agreement be declared ineffective under procurement law? Not if it's connected to a prior OJEU notice
In AEW Europe LLP v Basingstoke and Deane BC  EWHC 2050 (TCC) , the High Court refused to grant a declaration of ineffectiveness under the procurement regulations in relation to a contract for redevelopment of a leisure park because the council had published a valid prior OJEU Notice...
13 February 2019
Just What The Doctor Ordered: The High Court Upholds The Award Methodology For The UK’s Largest Ever Procurement Of Medicines
The High Court has rejected a legal challenge alleging that NHS England had breached procurement law when setting the rules for a major procurement of drugs for the treatment of Hepatitis C. This procurement exercise was described as the largest ever undertaken by the NHS and would lead to the...
04 December 2018
Arrested Development Court of Appeal issues first declaration of ineffectiveness under the English procurement regime
For the first time, the Court of Appeal has issued a declaration of ineffectiveness under the English procurement regime in Faraday Development Ltd v West Berkshire Council  EWCA Civ 2532 , allowing an appeal against the first instance decision . The challenge concerned a development...
13 November 2018
Rolling in the deep court favours public interest when deciding to lift the suspension of a contract award for new tube trains
The High Court has laid down an important ruling on the issue of whether a public authority may enter into a contract with its preferred bidder pursuant to a competitive tendering procedure, even though its award decision is the subject of a pending legal challenge alleging breaches of procurement...
17 July 2018
Public Procurement Health Check – TCC Decision Provides Checklist of how Public Procurement Exercises can go Awry
In a decision which will have important implications for the conduct of public procurement exercises, the Technology and Construction Court (“ TCC “) has set aside the award of a public procurement contract on the grounds that the reasons given for the evaluation scores awarded to the tenderers...
The proposed Western Australian Debarment Regime: What you need to know
The Western Australian Government has recently released a proposal for a new public procurement debarment regime. If implemented, suppliers who have engaged in unlawful or unethical conduct may be prohibited from contracting with the government for up to five years. The regime will be the broadest...
30 November 2022
On Just Terms Podcast Series
Australia is a litigious country - we meet with Australia's leading legal and commercial minds to discuss how to manage the corporate risk landscape. Join host Jason Betts, Disputes Partner at Herbert Smith Freehills, as he interviews the people on the front lines of this changing environment.
25 November 2022
A new normal: data governance and internal stakeholder alignment
Building a robust data governance and privacy compliance regime requires strategic planning and meaningful business buy-in. As the spotlight on data governance intensifies, legal leaders across all industries are evaluating best practices.