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Public procurement: He knew he was right…

23 July 2021 / Nicholas Dobson
Issue: 7942 / Categories: Features , Public
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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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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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