September/October 2013 #14 – Law Journals

Update: Challenging behaviour

Jack Hayward reports on a collision between outsourcing and procurement ‘Procurement exercises around adult social care provision, procurement of external ambulance services, and the procurement of providers for social housing have all given rise to controversy and legal challenge by way of Judicial Review.’Outsourcing and procurement can make a toxic brew. When organisations in the …

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The Third Sector: Speak my language – does procurement understand the third sector?

Paul Pugh looks at the relationship between procurement and the third sector ‘The Treasury consultation document describes social enterprises as businesses with primarily social objectives, spanning a variety of business models and legal structures.’In the keynote address at Voice ’09 conference, Rt Hon David Cameron MP said:I want social enterprise to be at the heart …

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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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Disclosure: Coming off the rails

Peter Jansen considers the lessons to be learned from Metrolink ‘This article considers the contractual route for obtaining disclosure in light of the Greater Manchester case.’Not all forms of dispute resolution permit disclosure or extensive investigation of a claim. This applies to adjudication, a deliberately summary procedure under the HGCRA (the Act), as it does …

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Contracting: End of the affair

Dr Sam De Silva reviews practice on contract renewal ‘In practice, the circumstances in which exit could occur need to beconsidered as they are likely to significantly affect the willingness of both parties to co-operate on exit, the timing of the required activities and the attitude of the parties to paying for the cost of …

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Procedure: It’s good to talk

Dr Stuart Thomson reviews the significance of consultation ‘As consultation becomes a “process” there is a need to be able to prove that at every step sufficient efforts were made. It is not enough to say what was done, a developer or government, needs to have the paper trail in place to be able to …

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