What does Procurement mean? Procurement describes how organisations plan, source, tender for and contract for works, goods and services, including appointing contractors, consultants and suppliers on construction projects. In practice it spans private purchasing and public procurement subject to statutory rules. In England, Wales and Northern Ireland, public procurement is governed by the Procurement Act 2023 (which replaces the Public Contracts Regulations 2015), alongside sector-specific regimes (including utilities, concessions and defence/security) and guidance. Scotland applies the Public Contracts (Scotland) Regulations 2015 and the Procurement Reform (Scotland) Act 2014. In Ireland, EU-derived regulations apply (for example S.I. No. 284/2016, S.I. No. 286/2016 and S.I. No. 203/2017)....
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This Practice Note forms part of an archived collection that brings together and distils significant historic judgments and principles in public Procurement law. Most entries concern decisions handed down before the Public Contracts Regulations 2015 came into effect.
For up-to-date case law, refer to:
Here, the emphasis is on contract awards and subsequent challenges. Procurement should be run openly and fairly, with contracting authorities seeking to foster enduring supplier relationships and encourage robust competition to secure Best value and efficiency.
At the same time, authorities must remain alert to potential disputes throughout the procurement exercise and the life of the contract. Likewise, any party wishing to contest an award must follow the correct process and deadlines. For additional context, see our: Contract award and challenges—pre-PA 2023—overview.
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...