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.

 

PROCUREMENT OF PUBLIC CONTRACTS

April 17th, 2026 by James Goudie KC in Decision making and Contracts

See NEW LOTTERY CO LTD v GAMBLING COMMISSION  (2026 ) EWHC 891 ( TCC)  on the legal framework for MODIFICATIO OF CONTRACTS claims and the approach to evidence at paras 892-947 and 969. Change of economic balance at paras 974-978, loss of a chance at para 1055, and generally para 1121. For the background rationale for rules relating to PUBLIC PROCUREMENT and the CONCESSION CONTRACT REGULATIONS se e paras 186-191, on the MANIFEST ERROR test for the Court’s intervention see paras 192-199, 349=389 and 744-746. On EQUAL TREATMENT see paras 2000-2006, on transparency paras 207-2011, on proportionality paras 212-213, on conflicts of interest from para 147, on time bar from para 793, and on incumbency at paras 813-826.

 

 

PROCUREMENT OF CONTRACTS

March 27th, 2026 by James Goudie KC in Decision making and Contracts

A Cabinet Office Command Paper, published on 26 March 2026, sets out the Government’s response to the consultation “ Public Procurement : Growing British industry, jobs, and skills “.

 

EMPLOYMENT CONTRACTS

March 25th, 2026 by James Goudie KC in Decision making and Contracts
  1. From 6 April 2026, the maximum PROTECTIVE AWARD for failing to CONSULT on a COLLECTIVE REDUNDANCY process will double from 90 to 180 days’ pay, applying to employees dismissed after that date.
  2. Provisions of the EMPLOYMENT RIGHTS ACT 2025 coming into force in April 2026 include in relation to (i) statutory paternity leave, (ii) parental leave, (iii) statutory sick pay, (iv)  Equality Action Plan, (v) the Fair Work Agency, and (vi) rates and limits for NMW, statutory sick pay, maternity pay, and unfair dismissal awards.

 

  1. A TUPE transferee is liable for INDIRECT DISCRIMINATION when an incoming workforce is on lower pay : ALPHA ANNE v GREAT ORMOND STREET HOSPITAL NHS TRUST (EAT).

 

PROCUREMENT

March 24th, 2026 by James Goudie KC in Decision making and Contracts

A WELSH Government publication on 23 March 2026 summarises the responses to its consultation on draft statutory Guidance under the Social Partnership and Public Procurement ( Wales ) Act 2023, and sets out next steps.

 

PUBLIC PROCUREMENT

March 10th, 2026 by James Goudie KC in Decision making and Contracts

The Social Partnership and Public Procurement ( Wales ) Regulations 2026, S.I. 2026, coming into force mostly on 25 March 2026, supplement the Social Partnership and Public Procurement ( Wales) Act 2023.

 

 

 

PUBLIC CONTRACTS

March 2nd, 2026 by James Goudie KC in Decision making and Contracts

Section 70 of the Procurement Act 2023, in relation to information about payments under public contracts is brought into effect on 1 April 2026 in accordance with Commencement No 4 Regulations. Reporting is due every 6 months.

 

 

PUBLIC LAW DUTIES

February 20th, 2026 by James Goudie KC in Decision making and Contracts

R ( INTELLIGENT LAND INVESTMENTS GROUP PLC ) v GAS AND ELECTRICITY MARKETS AUTHIRITY ( 2026 ) EWHC 336 ( Admin ) addresses public law duties of PROCEDURAL FAIRNESS, at paras 43-46 & 51/52, and REASONABLE ENQUIRY ( Tameside ), at paras 47/48, in the context of a COMPETITIVE PROCESS for an AWARD by a public authority.

 

PROCUREMENT OF CONTRACTS

February 11th, 2026 by James Goudie KC in Decision making and Contracts

There has come into effect the LOCAL GOVERNMENT ( EXCLUSION OF NON_COMMERCIAL CONSIDERATIONS ) ( ENGLAND ) ORDER 2026, S.I.2026/94. The Order enables best value authorities and parish councils in England, covered by SECTION 17 of the LOCAL GOVERNMENT ACT 1988, to reserve procurements below PROCUREMENT ACT 2023 THRESHOLDS to local or certain UK based suppliers. The reservation must be transparent, clearly notified, proportionate, and recorded with a strong audit trail. There is GUIDANCE in relation to the interaction of LOCALLY BASED RESERVATIONS with the Procurement Act and regulations. The flexibility is subject to review by the PROCUREMENT REVIEW UNIT.