SMEs

November 3rd, 2026 by James Goudie KC in Decision making and Contracts

A joint Cabinet Office and HM Treasury publication on 2 November 2026 sets out an Action Plan to improve SME ACCESS TO PUBLIC CONTRACTS under the Procurement Act 2023 until March 2028.

 

ARBITRATION CLAUSE

October 29th, 2026 by James Goudie KC in Decision making and Contracts

The underlying question in the appeal to the Supreme Court in KINGDOM OF SPAIN v LONDON STEAMSHIP OWNERS MUTUAL INSURANCE ASSOCIATION ( 2026 ) UKSC 36, a case arising from an environmental disaster, was how the PRINCIPLE THAT A THIRD PARTY CANNOT TAKE THE BENEFIT OF A CONTRACT WITHOUT ACCEPTING ITS BURDEN ( the conditional benefit principle ) applies to a contract containing an arbitration clause. The Court rules that a third party entitled to enforce a contract containing an arbitration clause who chooses to take that benefit by asserting a claim under the contract thereby becomes bound by the arbitration clause in the same way as a party to the contract.

 

LOCAL GOVERNMENT ACCOUNTABILITY

October 26th, 2026 by James Goudie KC in Decision making and Contracts

MHCLG Guidance published on 21 October 2026 provides an overview of (1) how local authorities in England are monitored, scrutinised and held accountable, and how public money is safeguarded and (2) how intervention can occur when governance and//or performance concerns arise.

 

OUTCOMES

September 15th, 2026 by James Goudie KC in Decision making and Contracts

A MHCLG Policy Paper published on 14 September 2027 sets out an update to the LOCAL OUTCOMES FRAMEWORK.

 

CONSULTATION

July 14th, 2026 by James Goudie KC in Decision making and Contracts

R ( BUJ ) v BROMLEY LBC ( 2026 ) EWCA Civ 888 holds that the Council was under a COMMON LAW DUTY TO CONSULT  (1) the users of an adult education centre and ( 2 ) their carers ( a small group of identifiable persons ) before deciding to close it. This was based on fairness, rationality and legitimate expectation.

 

 

CONTRACTUAL PAYMENTS

July 7th, 2026 by James Goudie KC in Decision making and Contracts

Section 70 of the Procurement Act 2023 requires “ contracting authorities “ to publish information about significant payments under “ public contracts “. The first publication window has begun, on 1 July 2026, with a deadline for PUBLISHING  the FIRST SET OF CONTRACT PAYMENT INFORMATION being 29 July 2026. Contracting authorities must publish information, unless exempt, about PAYMENTS OF MORE THAN £30,000 inc VAT, MADE UNDER PUBLIC CONTRACTS  FOR PROCUREMENTS COMMENCED UNDER THE ACT FROM 1 April 2026.

 

PROCUREMENT OF CONTRACTS

June 30th, 2026 by James Goudie KC in Decision making and Contracts

PPN 024, issued in June 2026, concerns the PUBLIC INTEREST TEST and INSOURCING STRATEGY. The Guidance does not apply to local authorities, BUT they are encouraged to consider the approach as GOOD PRACTICE. The test should be considered before starting relevant service projects. This includes re-procurements which may result in a public contract under the Procurement Act 2023.

 

CONSTRUCTION CONTRACTS

May 22nd, 2026 by James Goudie KC in Decision making and Contracts

Chapter 2 of Part 1 of the Commercial Payments Bill, introduced on 19 May 2026, would make amendments in relation to payments underthe Housing Grants, Construction and Regeneration Act 1996, including by new provisions on retentions and retention clauses.

 

PROCURED CONTRACTS

May 5th, 2026 by James Goudie KC in Decision making and Contracts

In PARKINGEYE LTD v VELINDRE UNIVERSITY NHS TRUST ( 2026 ) EWHC 1019 ( TCC ), concerned with applications by a contracting authority to lift an AUTOMATIC SUSPENSION, the Court rules that Section 102 of the PROCUREMENT ACT 2023 is “ substantively and not merely formally different, in both its method and its effect “ from the former test, in PCR 2015 Regulation 96(2). The public interest will “ generally” tend in favour of keeping the suspension in place.

 

 

 

APPARENT BIAS/PREDETERMINATION

May 5th, 2026 by James Goudie KC in Decision making and Contracts

In R ( University of Sussex ) v Office for Students (2026) EWHC 984 ( Admin ), the Dr Kathleen Scott case,  Lieven J found that the OFS decision to sanction the University, for alleged breaches of its conditions of registration, was unlawful. This was on a number of judicial review grounds. They included apparent bias and/or predetermination. The broad conduct of the OFS demonstrated predetermination. There was compelling evidence that the OFS had approached its Investigation prompted by protests against Dr Stock with a CLOSED MIND. Senior Officials had set out to establish a breach. From the outset, the OFS adopted a strategy aimed at creatin a “ test case “ to send a strong single to the HE sector. This strategy depended on the University being found in breach, heavily fined, and publicly criticised.