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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...




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Supreme Court dismisses Edenred’s challenge to the government’s decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge to Her ...




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High Court challenge leads to the setting aside of a contract award decision on the grounds of manifest error, breach of transparency and equal treatment

In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...




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Top tips for avoiding clawback of European funding in procurements

The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...




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EU Procurement Thresholds in the UK are falling in 2016!

The European Commission has recently revised the financial thresholds above which public procurement rules apply with these changes applying to the current EU Directives from 1 January 2016. This means that the thresholds applicable to contracts reg...




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The European Single Procurement Document

On 6 January 2016, the European Commission published an implementing regulation establishing a standard form for the European Single Procurement Document (“ESPD”). The ESPD is one of the new features of EU procurement regulation introduc...




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Public procurement: new rules, new opportunities

Public procurement is big business.  The estimated value of contracts advertised by Governments and other public bodies across the EU is said to be over 420 billion euro.  Most EU public contract awards are regulated under EU law.  Th...




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Publication of the Utilities Contracts Regulations 2016 (the “UCR 2016”), the Concession Contracts Regulations 2016 (the “CCR 2016”) and the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

Following the public consultation on the draft UCR 2016 and CCR 2016, the new regulations have now been laid before Parliament and will come into force on 18 April 2016 (subject to a number of exceptions in the UCR 2016 which will come into force at...




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Brexit - How this will impact on UK Procurement Law

In the wake of Brexit, the extent to...




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The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

Introduction This briefing considers issues relating to the extent to which the UK&rs...




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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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EU Public Procurement Reform Guide 2016

Eversheds has published the “EU Public Procurement Reform Guide 2016” on the status of implementation of the new procurement directives in the European Union. The initiator of the project and coordinator of the work of the international ...




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Brexit – State aid and public procurement law update

Introduction – Where are we now? In our original Full Article



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Public procurement in Poland - what legal changes lie ahead?

The biggest overhaul in the history of Poland’s Public Procurement Law entered into force on 28 July 2016. Despite the passage of time, major issues connected with the practical application of the new regulations continue to arise. It can be ...




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The “Buy American, Hire American” executive order, the GPA and the EU

This note considers aspects of the US President's recent "Buy American, Hire American" order which relate to the WTO's Agreement on Government Procurement. It sets out the somewhat different EU position on the effects of these WTO plurilateral arra...




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The risk of fishing expeditions in the context of public procurement law challenges: a price worth paying to ensure transparency and equality of treatment? (Bombardier v Merseytravel)

Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...




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Public procurement: New case highlights pitfalls for those challenging award decisions

On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...




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Getting the Deal Through: Public Procurement 2017

The 2017 edition of the Getting the Deal Through: Public Procurement is now live. The Polish chapter has been developed by Tomasz Zalewski, head of the public procurement team at Wierzbowski Eversheds Sutherland. The contributing editor of the Guide...




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Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




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Case E-16/16, Fosen-Linjen AS and AtB: An EFTA Court case clarifying key aspects of EU procurement legislation

Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...




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The question of a “sufficiently serious” breach: a relevant consideration in the review of applications for the lifting of automatic suspensions?

Case comment: (1) Lancashire Care NHS Foundation Trust and (2) Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 200 (TCC) Summary In a recent judgment of the new head of the TCC, Fraser J, Lancashire County ...




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Getting the Deal Through: Public Procurement 2018

The 2018 edition of the Getting the Deal Through: Public Procurement is now live. The contributing editor of the Guide is Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. The publication contains expert local insig...




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Land development agreements and public procurement regulation: Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532

In its Faraday decision the Court of Appeal has set aside a concluded land development agreement between a local authority and a developer for having been concluded in breach of procurement legislation. This is the first time that an English court h...




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Public Procurement and Government Contracts 2019

We have contributed to the The Public Procurement and Government Contracts guide published by Chambers and Partners. It provides expert legal commentary on key issues for businesses. The publication covers the important developments in the...




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Chambers Public Procurement and Government Contracts 2019 Second Edition

The 2019 edition of the Chambers Public Procurement and Government Contracts is now live. The contributing editor of the Guide is Dr Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland.   Read the Introduction pie...




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Will new laws make public procurement more business friendly?

Witold Slawinski, head of tech & industrial engineering practice, authored an article for AmCham Quarterly. It is devoted to the recent changes to the Polish public procurement law. Read the full article >...




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Public Procurement & Government Contracts

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Getting the Deal Through: Public Procurement 2019

Witold Slawinski, head of our tech & engineering team, contributed to the guide "Public Procurment 2019" - expert local insight into public procurement procedures in 34 jurisdictions, addressing such crucial topics as: legislative framework, app...




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New Thresholds under the Procurement Regulations

The new thresholds which come into effect on 1 January 2020 for the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concessions Contracts Regulations 2016 and the Defence and Security Public Procurement Regulations 2011 have...




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Revised EU thresholds regarding public procurement and concession contracts, with Belgian specifics

The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...




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Coronavirus – Public procurement contracts – Belgium

The Royal Decree of 14 January 2013 provides in its Article 38/9 an opportunity for revision of procurement documents during the performance of a public procurement contract, where unforeseeable circumstances arise for the contractor. (1) The said R...




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Chambers Global Practice Guide - Public Procurement and Government Contracts

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Coronavirus – Impact on procurement processes - UK

Public sector bodies face many challenges as a result of the outbreak of coronavirus.  Contracting Authorities may need to procure goods, services or works urgently to deal with these challenges.  Challenges caused by the outbreak may be e...




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The Russian Supreme Court brings clarifications to the relationship between co-owners of intellectual property

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Are you ready for Black Friday?

With the #BlackFriday craze coming up, so does the issue of “grey goods”. This article aims to discuss the legality behind parallel importation and the sale of grey goods. What is “parallel importation” and so-called “g...




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12 Eversheds Sutherland lawyers make WTR’s “World’s Leading Trademark Professionals” List

Eversheds Sutherland is pleased to announce that 12 IP lawyers from our global practice have been recognized in the 2020 World Trademark Review’s “World’s Leading Trademark Professionals” list. Now in its tenth year, the WTR ...




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Trade marks Relating to the Coronavirus

In every crisis, there will be those who seek to get the most out of it. To that end, there has recently been a raft of trade mark applications worldwide seeking to register trade marks related to the novel coronavirus disease (COVID-19), including ...




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Coronavirus – Medical devices and biocide – Europe

While medical professionals everywhere around the globe are working as hard as they can, both them as well as consumers are trying to get protective products to remain healthy and, where possible, prevent being contaminated. It is clear that in seve...




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Coronavirus - Intellectual Property office protocols and key challenges in light of COVID-19 - Global

The coronavirus outbreak and various responses by authorities across the globe have prompted several amendments to government Intellectual Property Offices (“IPOs”), courts, and in some cases filing deadline extensions. These specia...




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Protecting Intellectual Property during Lockdown

On 24 March 2020, the Companies and Intellectual Property Commission’s IP Registry suspended all internal and external-facing operations due to the national lockdown. The Registry will only resume operations two weeks after the national lockdo...




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Open Solar Contracts Webinar

We will be hosting the global webinar on 30 March at 12.30pm. The webinar should last approximately 60 minutes. ...




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Atypical/irregular hours workers

The issue of atypical workers is an important one for the sector with it trying to balance modern working practices and the desire for flexible working against allegations of exploitation and the trade unions campaign against casualisation....




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Eversheds Sutherland webinar offering guidance on working from home and mental health - 31 March 2020

Do you have questions on health and safety whilst home and lone working during the pandemic?...




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Coronavirus: In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts Webinar - 3 April 2020

The law on force majeure differs from country to country, not least between common law and civil law jurisdictions. We have produced a both a Global Guide to Force Majeure and an Asia-Pacific Guide to Force Majeure that provides some preliminary ad...




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Eversheds Sutherland webinar offering guidance on how a virus is spread and what health and safety precautions to take during the pandemic - 15 April 2020

Are you comfortable with latest government guidelines on working in a pandemic? Are you enforcing social distancing? In a sea of ‘fake news’ do you understand how Coronavirus is actually spread and what is safe and unsafe?...




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Apprenticeship employer agreements

This session will cover an introduction to these agreements and the ESFA Funding rules which underpin them. We will also cover topics such as:...




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Student contracts and consumer law compliance

Higher education providers and further education colleges have continued to face close scrutiny of their student contracts and accommodation contracts for compliance with consumer and contract law. ...




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Covid-19 Implications on African Solar Industry

Join the experts on Friday 17 April, 1pm, to learn more about these impacts, the different national responses to the pandemic and the potential mitigation strategies applicable to the solar industry....




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Webinar and Live Q&A Clinic: Managing Real Estate Contract Risk

Join us on Friday 17 April as we examine management of real estate contract risk in an uncertain financial market. This session will look at the types of contractual issues you may face, risk protection, reputation management and effective dispute r...




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IP commercialisation for education institutions - webinar

In this webinar for education institutions we will cover:...