Jurisdiction(s):
United Kingdom

Public procurement award challenges under the Procurement Act 2023: issuing and serving proceedings, time limits for set-aside and other claims, automatic suspension, and court discretion to extend

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Practice notes

STOP PRESS:

From 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) are in full effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced pursuant to the earlier regime—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run, overseen and administered under those rules. Please refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023.

This content relates solely to the Procurement Act 2023 regime. This practical guidance specifically concerns public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on time limits for challenging a public procurement award under the previous legislation, see the Practice Note: Challenging a public procurement award—procedures, remedies and time limits.

Challenging a public procurement award

A failure by a contracting authority to comply with its PA 2023 duties is enforceable by civil proceedings under PA 2023, Pt 9, subject to certain exceptions. A UK or treaty state supplier that has suffered, or faces the risk of, loss or damage because of that breach may bring proceedings. PA 2023, s 106 sets...

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Laura McIntyre

Womble Bond Dickinson

Laura specialises in procurement law. She has advised central government departments, utilities, local authorities, NHS bodies, other public sector bodies and the private sector on a wide variety of procurement law issues. Laura also has experience of advising private and public sector bodies on contract law issues at national and international levels.Laura regularly advises on high value, complex procurement processes and the general application of procurement law, including: drafting procurement documents and related contracts; advising on challenges to procurement processes (both claimant and defendant); general ad-hoc advice on issues such as urgent direct awards; extensions and variations to existing contracts; and the robustness of procurement processes generally.In particular, Laura has been involved with:• the successful implementation of an innovative neutral vendor framework;• the procurement of delivery partners to design, build, operate and maintain various heat networks across the UK;• advising major train operators in respect of a large...

Web page updated on 22/05/2026

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