Lessons from the NHS

January 11th, 2016 by James Goudie KC

Cases involving NHS bodies continue to be instructive for local authorities. See R(QSRC Ltd) v NHS Commissioning Board [2015] EWHC 3752 (Admin) on the ability to enter into an interim contract pending the completion of a procurement exercise, even if (paragraph 107) the procurement exercise has been considerably delayed,  provided (paragraph 103) that there is preference of an existing provider over other potential providers; and Keep Wythenshawe Special Ltd v NHS Central Manchester CCG [2016] EWHC 17 (Admin), at paragraphs 62-79 inclusive, on how a consultation exercise should be structured, the manner in which it should be carried out, when there should be a re-consultation, and influences on the requirements of fairness.

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