5 procurement law cases analysed

In this webinar, recorded on 28 June 2023 as part of our 5 in 25 series, procurement law experts from Mills & Reeve analyse five recent procurement law cases in 25 minutes and draw out five lessons to be learned.

You can watch the recording of the webinar and get more information below.

Recorded on 28 June 2023. In this webinar, Shailee Howard (Principal Associate), Victoria Armitage (Senior Associate) and Jenny Beresford-Jones (Senior Legal Advisor) consider “5 Cases in 25”, analysing recent procurement law cases and drawing out five lessons learned.

Contacts

  • Victoria Armitage

    Senior Associate

    Victoria Armitage

    Senior Associate

    • 01133401684
    • Contact Victoria

      Contact Victoria Armitage

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    • Leeds
  • Jenny Beresford-Jones

    Senior Legal Advisor

    Jenny Beresford-Jones

    Senior Legal Advisor

    • +(44)(0)16235 5422
    • Contact Jenny

      Contact Jenny Beresford-Jones

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      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

      Thank you

      Thank you for your enquiry. We will be in touch shortly.

    • Manchester

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The five procurement law lessons covered in the webinar are:

  1. Taking an average score in place of a proper moderation process is a breach of the procurement rules, as is awarding scores other than in accordance with the scoring matrix in the evaluation methodology (Bromcom Computers v United Learning Trust [2022]).
  2. Evaluators need to ensure they fully understand the detail of the tenderer’s bid, otherwise the evaluation may be open to challenge on the grounds of manifest error (Braceurself v NHS England [2022]).
  3. Direct awards under a framework agreement must be made in compliance with the equal treatment principle, otherwise they are exposed to a claim for a declaration of ineffectiveness (Consultant Connect v NHS Bath and NE Somerset [2022]).
  4. Persuading a court to lift an automatic suspension remains a high bar for claimants to get over (Camelot Lotteries v the Gambling Commission [2022]).
  5. Where an authority incorrectly relies on an exemption in order not to run a fully regulated process, the limitation period may start to run relatively late in the process rather than on day one (Excession Technologies v Police Digital Department [2022]).
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Key questions and answers

A number of questions were raised during the session, which we have anonymised and answered below. Within this information, “PCR 2015” refers to the Public Contracts Regulations 2015, as amended and references to numbered regulations are to the PCRs. 

Please note that the responses provided represent the general views of the public procurement team at Mills & Reeve, however they should not be relied on or treated as a substitute for specific advice relevant to a particular scenario/matter. If you require specific legal advice, our procurement team would be happy to discuss this further with you.

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