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Public Procurement 17 August 2012

September 2012 - Public Law. Legal Developments by 11KBW.

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R (A) v Chief Constable of B Constabulary [2012] EWHC 2141 (Admin)

This case addresses the circumstances in which the Courts will impose a public law duty of procedural fairness etc. when public bodies are carrying out procurement activities. This is particularly significant in cases where the Public Contract Regulations 2006 do not apply e.g. where there is no significant cross-border interest in the relevant contract, and the only available remedy is judicial review. The judgment supports the view that the fact that a public body is exercising statutory powers in conducting a procurement/entering into a contract should be treated as sufficient to activate the Court’s supervisory judicial review jurisdiction. 

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