Uniplex (UK) (Law relating to undertakings) [2009] EUECJ C-406/08_O – Law Journals

Practice: Waiting for no man

Jonathan Parker provides a timely reminder of the time limits for bringing a procurement challenge ‘Until recently the [Judicial Review] route provided the benefit of a longer time limit for commencing action. However, following reforms to the judicial review system, claims based on grounds arising on or after 1 July 2013 must be commenced within …

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Procedure: It doesn’t work!

Peter Jansen and Rachel Scarfe review the remedy of ineffectiveness ‘This article looks at the remedies now available under the current procurement regulations, in particular declarations of ineffectiveness.’In October 2010 Eurostar awarded the contract to replace its existing fleet of high-speed trains to Siemens as opposed to Alstom, its incumbent supplier. Amidst surprise in the …

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Framework Agreements: Can’t get over it

Robert Rooney examines the lessons to be learned from Henry Brothers v Department of Education for Northern Ireland ‘It is interesting to note that the Court of Appeal’s judgment in the case considered in this article, makes a less adventurous contribution to the debates opened by the first instance decision.’In 2008, the Belfast High Court …

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Remedies: All change?

Dr Totis Kotsonis examines the remedies regime and considers the question of how effective this really is ‘The implementation of Directive 2007/66/EC into UK law, and the further amendment of the procurement legislation, have led to the transformation of the remedies system available for breaches of UK public procurement law.’For a long time, the remedies …

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Update: Power to the people

Jack Hayward considers outsourcing and employee-led businesses ‘It was refreshing to see that the European Parliament has returned determined to address one of the key preoccupations of the internal market, namely how to encourage more SME involvement in the supply of public sector goods and services.’The coalition’s agenda on the ‘Big Society’ has always included …

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Limitation: When do we start?

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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Bribery Act: Not for those who wait too late

Catherine Wolfenden examines some areas of forthcoming reform of the procurement regulations ‘The Bribery Act 2010 repeals the existing UK law on bribery, much of which is outdated and confusing. There are two general offences in the Act: one prohibiting offering, promising or giving bribes (s1); and the other prohibiting requesting, agreeing to receive or …

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