January/February 2012 #4 – Law Journals

Update: Slaying the dragon

Jack Hayward turns his attention to recent news in the procurement arena Irrespective of your political leanings you have to have a sneaking regard for the optimism of Francis Maude, the Cabinet Office Minister whose remit includes public procurement, because of his conviction that he can singlehandedly persuade the European Commission to alter the Public …

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Dispute Resolution: Peace at any price?

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Gail Wilson considers the underlying reasons behind the rise in supplier challenges Supplier challenges are on the rise. Research undertaken by Achilles and Nottingham University into supplier challenges brought under the EU procurement regime in the UK over a 20-year period, indicates that there has been a sharp rise in recent years in the number …

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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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Award Procedures: Who needs to dialogue when you can negotiate?

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Graeme Young and Victoria Moorcroft contemplate the future of the competitive dialogue procedure ‘A review by HM Treasury in November 2010 concluded that, while a properly run CD procedure has clear advantages, a poor one was burdensome and expensive.’In this article we consider the competitive dialogue procedure and the criticisms levelled against it in the …

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Reform: Training to tender

Rosemary Choueka investigates Cabinet Office initiatives following the Bombardier tender ”The Bombardier story was all the more interesting because it took place at the same time that the government was submitting its response to the European Commission’s proposals to modernise EU public procurement law and policy.”In July 2011, the Canadian train maker Bombardier announced plans …

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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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Outsourcing: In a league of their own

Jack Hayward and Anthony Butler discuss strategies for outsourcing to employees from a local authority perspective ‘The government is asking local authorities to pioneer the use of employee-owned entities, but neglecting to give authorities the tools with which to deliver the end product.’Outsourcing is not a new concept for local authorities, and over the past …

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Remedies: Till ineffectiveness do us part

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David Gollancz considers the efficacy of pre-nuptial agreements to defeat claims for ineffectiveness ‘This article considers the legal rules governing ‘pre-nuptial’ agreements, and the reasons why they may be a good idea in any case where ineffectiveness is a risk.’The remedy of ineffectiveness was introduced into European legislation by Directive 2007/66/EC, implemented in England, Wales …

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