We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The European Court has upheld the long-standing principle that parties to a dispute should be able to choose their lawyers without having to go through a tender process (or use a framework).
This exception is set out in Regulation 10(1)(d) of the Public Contracts Regulations 2015.
The challenger was arguing that the European directive on which this regulation was based, breached the principle of equal treatment, in terms of creating an unjustified difference in treatment of these services from other services that had to be tendered for.
The European Court said that clients should be able to choose lawyers for dispute resolution based on their abilities, rather than having to follow a strict “most economically advantageous tender” approach. The exception also specifically includes arbitration and, by implication, adjudication.
This contrasts with legal work that is not “dispute-related”, which is subject to the “light-touch regime”. If an organisation subject to the public procurement rules has a legal spend of over £615,278 (excluding VAT), a public procurement tender process is needed to appoint their lawyers. Where this is through a framework agreement (which is likely to include any arrangement under which charging rates and appointment terms are agreed), this is measured over a four-year period.
Even here, though, up to 20% of this “requirement” can be sourced (for example for specialist work) from lawyers that are not on the framework under the “small lots” provisions, as long as the value of each separate appointment does not exceed £65,630 (excluding VAT).
If you are involved in a dispute, it is important to get the right legal advice. The case confirms that your flexibility to appoint the legal advisers of your choosing is not hampered by having to comply with the public procurement rules to appoint those legal advisers.
For more information, please contact Andrew Millross.
1. P.M v Ministeraad, Case C-246/18
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
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