Podcast Location:
Download it here [file size: 27.2 MB]
Categories:
European Law
Procurement & Outsourcing
Governance & Service Provision
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at in-house, commercial and public sector lawyers interested in public procurement or contractual disputes between the public and private sectors. As a pair the podcasts discuss a range of practical and tactical angles from which to attack or defend a procurement contract. This podcast aims to explore the practical steps both sides to a procurement challenge can take to secure or bolster their position and the scope for challenge surrounding the criteria on which a selection is made.

Outcomes:
After completing the course you will:
  • Be aware to what extent there has been an increase in the number of challenges and the reasons for that;
  • Be aware of the crucial points for a contractor to consider when contemplating a challenge;
  • Be aware of the relevant deadlines by which to bring a challenge;
  • Understand the means by which a challenger can find out the necessary information needed to bring a challenge;
  • Understand the key steps an authority think about when faced with a challenge including abandoning the procurement or entering negotiations;
  • I understand some of the recent case law turns on whether the authority has been sufficiently clear on the criteria it applies when selecting a procurement process.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Panel Discussion
Practical Guide
Sources and References:
  • Alcatel Austria & Ors [1999] EUECJ (C-81/98);
  • Public Contracts (Amendment) Regulations 2009 r 32,;
  • Mears Ltd v Leeds City Council [2011] EWHC 40 (QB);
  • Uniplex (UK) (Law relating to undertakings) [2010] EUECJ C-406/08;
  • Sita UK Ltd v Greater Manchester Waste Disposal Authority [2011] EWCA Civ 156;
  • Letting International Ltd v London Borough of Newham [2008] EWHC 1583 (QB);
  • Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490;
  • Jobsin Co UK v Department of Health [2002] 1 CMLR 44;
  • Henry Brothers (Magherafelt) Ltd & Ors v Department of Education for Northern Ireland [2011] NICA 59.
Tags:

This podcast with two Queen’s Counsel discusses the major developments in the field of public procurement challenges. It discusses the relevant trends and tactical points that a challenger may make to a procurement contract and how those arguments might be defeated.

Podcast added: 01/03/2012

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