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Legal update

12 November 2019 ECJ guidance on applying exclusions to potential problem bidders

Rebecca McLean reviews the case of Delta Antrepriză de Construcţii şi Montaj 93 SA v Compania Naţională de Administrare a Infrastructurii Rutiere SA, which highlights the European Court of Justice’s (ECJ’s) recent ruling on the interpretation of Article 57(4) of Directive 2014/24 (the public procurement directive), which provides useful clarification over when contracting authorities can apply exclusions grounds where an economic operator has been in default under a prior public contract.

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Legal update

18 October 2019 Public matters - October 2019

This month includes government outsourcing, amending contracts, land registration 2025 target for public sector, inquests, and public procurement with SMEs, Brexit and the mafia.

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Legal update

10 October 2019 Public procurement with SMEs and the mafia

In September, the ECJ ruled in favour of Vitali SpA in Vitali SpA v Autostrade per l’Italia SpA (C-63/18) EU:C:2019:787 where the judges held that the Article 105 of Legislative Decree 50/2016 was unlawful.

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Legal update

9 October 2019 The future of procurement law: impact of Brexit on the health sector

One key legislative area for the health sector which is always topical and provokes debate even without the added complication of the Brexit question is procurement law. Add in the issue of Brexit and the debate intensifies and possible outcomes multiply.

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Legal update

8 October 2019 Amending a contract? Have you lost your right to terminate?

It is important that organisations who try to amend their contracts tread carefully as the recent case of NHS Commissioning Board v Vasant (t/a MK Vasant and Associates) [2019] EWCA Civ 1245 demonstrates the difficulties that they can face.

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Legal update

24 September 2019 Public matters - September 2019

This month is a Brexit special including general elections, public procurement, data protection and contract drafting.

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Legal update

18 September 2019 What does no-deal Brexit mean for public procurement?

The UK has been immersed in negotiations to unravel the UK from EU law by the Brexit day on 31 March 2019.

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Legal update

17 September 2019 Contract drafting and Brexit: considerations for local authorities

As Brexit Day inches closer there are many things for local authorities to consider. One of which is whether contracts already in place or currently being negotiated will still be accurate or support council business after Brexit.

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Legal update

12 September 2019 Effective OJEU contract notice defeats claim for declaration of ineffectiveness

High Court dismissed a claim for a declaration of ineffectiveness for a contract entered into by Basingstoke and Deane Borough Council (the Council) and Newriver Leisure Limited (NLL) for a major regeneration scheme on Basingstoke Leisure Park.

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Legal update

14 August 2019 Public matters - August 2019

This month includes third country bidders and goods in the EU procurement market, framework agreements, conservation newsletter, first ICO fines under GDPR and the government's MSA review response.

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