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21 February 2025 / Paul Henty
Issue: 8105 / Categories: Features , Procurement , Public , Governance , Company
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Steering clear of the naughty step

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Paul Henty explores debarment & exclusion under the Procurement Act 2023
  • The Procurement Act 2023 will introduce a new regime for the awarding of public contracts in England, Wales and Northern Ireland
  • It will set out stronger provisions on the exclusion of bidders, an enhanced ability to exclude a bidder based on the actions of its parent and subsidiary companies, and the introduction of new rules on ‘debarment’ and a centrally maintained ‘debarment list’.
  • While the new regime promotes consistency, transparency, and accountability, these measures also require contracting authorities to exercise judgement and diligence in their application.

The Procurement Act 2023 (PA 2023), which comes into force on 24 February 2025, heralds a new era of accountability and integrity in the process for awarding public contracts in England, Wales and Northern Ireland. One of the most striking features of PA 2023 is the introduction of stronger provisions on the exclusion of bidders, an enhanced ability to exclude a bidder by reference to the actions

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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