Costs: The winner won’t take it all

Morrison & Foerster (UK) LLP | Procurement & Outsourcing Journal | July/August 2012 #7
Alistair Maughan examines the costs awards in partly successful bidder challenges the court decided that the right approach was to make a proportionate costs order to reflect the extent to which Mears had not been selective in its claims.Despite the liberalisation of the remedies regime, in relation to public procurement over the past three years, …

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Tendering: Ask no questions, tell no lies

Osborne Clarke | Procurement & Outsourcing Journal | May/June 2012 #6
Catherine Wolfenden and Jorren Knibbe assess the relationship between confidentiality and the procurement process ‘The public body will be obliged to provide information requested under FOIA unless one of the statutory exceptions applies. There are statutory exceptions for confidential and commercially sensitive information, but the protection they provide is less than perfect.’Tendering for public sector …

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Limitation: When do we start?

Pannone, part of Slater & Gordon | Procurement & Outsourcing Journal | September/October 2011 #2
Simon Pedley and Martin Pennington look at limitation following Uniplex ‘The period for bringing proceedings seeking to have an infringement of the public procurement rules established, should only start to run from the date on which the claimant knew of the infringement, rather than from the date of breach.’The changes made to the Public Contracts …

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Litigation: Below the belt

Quigg Golden | Procurement & Outsourcing Journal | July/August 2011 #1
Jonathan Parker assesses the treatment of abnormally low tenders ‘In the current economic climate, increasing numbers of EOs appear to be disposed to submit perilously low tenders in an effort to maintain their cash flow. EOs submitting tenders that are too low can have disastrous consequences for a number of parties.’The coming into force of …

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