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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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Legal update

13 August 2019 Third country bidders and goods in the EU procurement market

On 24 July 2019 the European Commission issued ‘Guidance on the participation of third country bidders and good in the EU procurement market’ which provides practical advice to EU contracting authorities on how to deal with bidders from outside of the EU.

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Legal update

12 August 2019 Frameworks - still fit for purpose?

Frameworks feel like an institutional part of public procurement in the UK and in Europe. Last year Browne Jacobson undertook some market research with the CBI to look at public procurement from the private sector perspective.

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Legal update

10 July 2019 State aid – guidance on applying the market economy operator principle to district heating schemes

A recent commission decision regarding the reacquisition of the Hamburg District Heating Network (Decision) has given some useful insight in to ensuring that investment in to a district heating scheme by a public body is done in a way which is compliant with state aid principles, specifically the market economy operator principle (MEOP).

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Legal update

21 June 2019 Public matters - June 2019

This month includes procurement, net-zero emissions, judicial review, fixed recoverable costs, construction contracts, austerity and political uncertainty, the UK companies register, and the Modern Slavery Act.

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Legal update

21 June 2019 Case update: abandoning a public procurement process

In the case of Amey Highways Ltd v West Sussex County Council, the High Court considered whether it was lawful for a contracting authority to abandon a procurement process and whether that decision extinguished a bidder’s accrued causes of action.

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Legal update

14 June 2019 Joint committee publishes its report on the draft Registration of Overseas Entities Bill

Recently the House of Lords and House of Commons Joint Committee on the draft Registration of Overseas Entities Bill (Bill) published its report on the draft Bill following pre-legislative scrutiny.

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