The Procurement Act 2023 ( Threshhold Amounts ) ( Amendment ) Regulations 2025, SI 2025/1200, revise financial threshholds for public contracts.
AFFIRMATION OF CONTRACT
November 12th, 2025 by James Goudie KC in Decision making and ContractsA party cannot be held to have affirmed a contract when they did not know that the contract entitled them to terminate it : URE Energy Ltd v Notting Hill Genesis ( 2025 ) EWCA Civ 1407.
CONSULTATION
November 7th, 2025 by James Goudie KC in Decision making and ContractsR ( NAHT and others ) v OFSTED ( 2025 ) EWHC 2891 ( Admin) is concerned with whether OFSTEDfailed to conduct a legally sufficient Consultation in relation to a renewed inspection framework and its alleged serious negative effects. Saini J sets out the relevant legal principles at para 72. At para 73 he said in relation to the 1st (formative stage ) and 4th (conscientious consideration ) Gunning requirements for a fair and open-minded consultation :-
“ As helpfully explaned in JUDICIAL REVIEW : SUPPERSTONE< GOUDIE & WALKER ( 7th edn, 2024 ) at 10.35, the first and fourth GUNNING requirements are interrelated. In practical terms, there must be some specific proposal on which to consult, otherwise there would be no focus for the representations from the consultees. This presupposes that the public body will have formed at least a tentative view as to what it wants to do. Accordingly a public body may properly consult upon a PREFERRED OPTION. But there is a red line : it must not have closed its mind to any changes, otherwise there could be no scope genuinely to consider the representations made.”
SUSPENSION ON ENTERING INTO CONTRACT
October 21st, 2025 by James Goudie KC in Decision making and ContractsThe approach to be taken by the Court when deciding whether or not to lift an automatic suspension on entering into a procured and regulated contact is set out by Eyre J at paras 27-36 inc in INTERNATIONAL ASSISTANCE UK LTD v SoS for DEFENCE (2025) EWHC 2634 ( TCC ).
REMEDIABILITY OF BREACH OF CONTRACT
September 30th, 2025 by James Goudie KC in Decision making and ContractsIn KULKARNI v GWENT HOLDINGS ( 2025 ) EWCA Civ 1206 the Court of Appeal reaffirms that , when determining whether a breach of contract is “ capable of remedy “, within the meaning of a contractual provision or a comparable statutory one, a practical rather than a technical approach is to be adopted, in which common law rules concerning repudiation have no place. Remediability means putting matters right for the future. The existence of enduring prejudice could be important, but the motive for or wilfulness of a breach would not usually matter.
DECISION MAKER
September 24th, 2025 by James Goudie KC in Decision making and ContractsThe mere fact that a decision-maker ( Full Council ) was provided with the material necessary to make a decision ( to adopt a council tax reduction scheme for working aged people ) and might have made the same decision in any event , could not save the decision from a finding of unlawfulness if it was in fact taken by someone else ( the Executive ). So held in R ( LL ) v TRAFFORD MBC ( 2025 ) EWHC 2380 ( Admin ).
BACKGROUND PAPERS
September 5th, 2025 by James Goudie KC in Decision making and ContractsSee R ( Wild Justice ) v Pembrokeshire Coast National Park Authority ( 2025 ) EWHC 2249 ( Admin ) in relation to background papers for a Council Report : at para 58 for what constitute background papers; at paras 59-61 on whether non-publication is unlawful; and at para 62 on whether there is a breach of procedural fairness.
DEVOLUTION AND LOCAL GOVERNMENT REORGANISATION
July 11th, 2025 by James Goudie KC in Decision making and ContractsFollowing the King’s Speech in July 2024 and the English Devolution White Paper in December 2024, on 10 July 2025 the long awaited, in the event 329 pages, ENGLISH DEVOLUTION AND COMMUNITY EMPOWERMENT BILL has been introduced in the House of Commons, and awaits Second Reading.
Part 1 ( Sections 1-19 inc ) relates to STRATEGIC AUTHORITIES for each are in England, including Combined Authorities, Combined County Authorities ( CCAs ) and Mayors.
Part 2 ( Sections 20-54 inc ) relates to the functions of Strategic Authorities and Mayors, including with respect to Mayoral Power of Competence; areas of competence, being Transport and Local Infrastructure, Skills and Employment Support, Housing and Strategic Planning, Economic Development and Regeneration, Health Improvement, and Public Safety; and extensions of functions.
Part 3 contains other measures about local government and Police & Crime Commissioners ( PCCs ). Chapter 1 of Part 3 ( Sections 55-59 inc ) relates to reorganisation, governance and elections , including single tiers of local government, executives effective neighbourhood governance, and voting changes for Mayors and PCCs, including ditching First Past the Post, and returning to the Supplementary Vote System. Chapter 2 of Part 3 ( Section 60 ) relates to community right to buy assets of community value and protection of sporting assets.
Part 4 ( Sections 61-70 inc ) relates to LOCAL AUDIT, including establishment of Local Audit Office, registration of local audit providers, new appointment arrangements, lead partners, Codes of Audit Practice, audit consultees, and paving the way for separation of LGPS accounts.
Part 5 ( Section 71 ) relates to commercial leases; and Part 6 ( Sections 72-79 inc ) contains final provisions, including as to interpretation, Regulations, and financial provision.
There are 31 Schedules.
CONFIDENTIALITY
July 3rd, 2025 by James Goudie KC in Decision making and ContractsLIME TECHNOLOGY LTD v LIVERPOOL CITY COUNCIL ( 2025 ) EWHC 1654 ( TCC ) relates to legitimate commercial concerns as to the risk of highly sensitive information being leaked and/or misused and the establishment of a Confidentiality Ring in proceedings challenging a procurement decision by the Council in relation to a services provision contract. The Judge reviews the authorities and identifies points of importance.
REMOTE ATTENDANCE AND PROXY VOTING
June 9th, 2025 by James Goudie KC in Decision making and ContractsMHCLG has announced that the Government plans to legislate in relation to both the above “ when Parliamentary time allows “. It is planned to PERMIT local authorities to develop their own “ locally appropriate policies “ IF they decide to hold REMOTE MEETINGS. On proxy voting, it is planned to REQUIRE principal councils to implement PROXY VOTING SCHEMES, to provide consistency for Members who are absent when they become a new parent or for serious or long-term illness. The requirement will apply to Meetings of FULL COUNCIL. For all other Meetings, proxy voting may be used, but will not be required. All this is in the Response to Consultation.