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23 July 2021 / Nicholas Dobson
Issue: 7942 / Categories: Features , Public
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Public procurement: He knew he was right…

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Nicholas Dobson reports on Cabinet Office procurement decisions found unlawful through apparent bias
  • A fair-minded and informed observer would conclude that there was apparent bias by the Cabinet Office when it appointed a research agency without considering other potential competitors.

The prime minister’s former adviser, Dominic Cummings, is not noted for excessive constraint or diffidence in his public pronouncements. So, commenting on vaccine deployment, he tweeted about his ‘rushed instructions on how to change Vaccine Taskforce from another Hancock shitshow to low-friction-fast-decisions success’. Among the instructions was that: ‘…we need treatments by autumn, not powerpoints and meetings for months’ and ‘no usual bullshit and processes…’.

Cummings was consequently quick off the Twitter mark when Mrs Justice O’Farrell in the Technology and Construction Court found on 9 June 2021 in R (on the application of Good Law Project) v Minister for the Cabinet Office [2021] EWHC 1569 (TCC) that his recommended Cabinet Office appointment of Public First (PF)—an agency specialising in opinion research on complex public policy issues—was unlawful through

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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