Tendering: Train of (Virgin) thought

Peter Jansen reviews the remedies arising from errors in tender assessments EU Directive 2004/18/EC requires authorities in awarding contracts to ‘treat economic operators equally and non-discriminatorily and shall act in a transparent way’. This is enacted in English law by reg 4(1) of The Public Contracts Regulations 2006.The recent threat of judicial review on the …
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Practice: The long arm of the (common) law

John Bennett contemplates the extent to which the common law can regulate the tendering process The recent case law has, if anything, added more confusion to the implied contract argument rather than determining those circumstances where it will apply and the precise scope of the doctrine.This article outlines the development of UK common law rules …
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