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NLJ this week: Towards a more balanced procurement process

10 November 2023
Issue: 8048 / Categories: Legal News , Procurement
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Public procurement is changing, following the passing into law of the Procurement Act 2023

In the second part of a series in NLJ on the Act, Fleur Turrington, partner and head of Thames Valley dispute resolution & litigation at Shoosmiths, looks at one of its key principles. This is that contracts will be awarded according to the ‘most advantageous tender’ rather than the most economically attractive.

Turrington explains what this entails and what records must be kept. She highlights the advantages for suppliers in terms of greater transparency. The Act, she writes, will assist ‘a more balanced approach where other criteria, such as those relating to environmental, social and governance (ESG) concerns, have real and substantial influence on tender outcomes, although contracting authorities will still decide criteria and how much weighting to place on each so we expect the focus on price to vary from procurement to procurement’.

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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