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The Cabinet Office has published its latest Procurement Policy Note giving guidance to government departments (which includes their agencies and non-departmental public bodies) on how to implement the coalition’s procurement pledges. The main one is to reduce the number of procurement exercises carried out using competitive dialogue in what the paper calls a “presumption against competitive dialogue”. The Public Contracts Regulations 2006 already make it clear that this presumption is part of the EU’s procurement regime so this should be nothing more than a reminder of that.
However, the Note also gives guidance on how to manage pre-procurement engagement and use the Lean sourcing principles, both of which will no doubt be welcomed by contracting authorities (not just government departments) keen to better understand how to use these to reduce the time and expenditure of procurement exercises. One eye should be kept on the legislation and the case law to ensure that in using these techniques contracting authorities don’t unintentionally give unfair advantage to certain potential bidders.
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
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One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
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