Healthcare at Home Ltd v The Common Services Agency [2011] CSOH 22; [2012] CSOH 75; [2013] CSIH 22; [2014] UKSC 49 – Law Journals

Comment: Less abstraction and more clarity

Mark Pawlowski questions the usefulness of legal fictions in leasehold law ‘What is clear is that the conduct of the reasonable man is not established by the evidence of witnesses, but by the application of an impersonal legal standard by the court.’ A recurring concern among legal practitioners is the fear of uncertainty in our …

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Regulation: Calling a halt

Julie Hamilton investigates challenges under the Public Contracts (Scotland) Regulations 2012 ‘This is the latest in what is now a significant number of Scottish cases which have affirmed the difficulty a challenging bidder faces in convincing a court to maintain a suspension preventing a contracting authority from entering into a contract following a procurement challenge.’Under …

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Tendering: The procurement omnibus

Julie Hamilton reports on the conclusion of the Healthcare at Home case ‘The court had to place itself in the position of the reasonably well-informed and normally diligent tenderer, looking at the matter objectively, rather than hearing evidence of what different witnesses understood the tender to mean.’It is not often that the ‘man on the …

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Update: The proof of the pudding

Jack Haywardreports on a typically busy few weeks in procurement It is important to remember that the European Institutions are not subject to the Procurement Directives and have their own Financial Regulations.I recently advised a contracting authority on a tender for the supply of management consultancy services to implement a change programme. As many readers …

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Tendering: Top Trumps

David McGowan and Michelle Boles review the case law on disclosure of third-party confidential documents in procurement litigation ‘Before disclosing confidential information to a competitor, the national court must allow the affected economic operator an opportunity to plead confidentiality.’The lot of the unsuccessful tenderer is not a happy one. Fortunately, there is help at hand. …

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