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Education Briefing - Next step for the mutualisation agenda

With the dust settling after the recent General Election, it is possible to better speculate as to the likely direction of travel of the new Conservative government. The new administration has a slim majority, therefore, there still may be an elemen...




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Procurement Policy Note 11/15 - Acceptance of unstructured electronic invoices by central government authorities (“PPN 11/15”)

From 30 June 2015, Central Government Departments, their Executive Agencies and Non-Departmental Governing Bodies (“in-scope organisations”) will have to accept “unstructured” electronic invoices from their suppliers for invo...




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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...




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Supreme Court dismisses Edenred’s challenge to the government’s decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge to Her ...




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High Court challenge leads to the setting aside of a contract award decision on the grounds of manifest error, breach of transparency and equal treatment

In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...




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Publication of the Utilities Contracts Regulations 2016 (the “UCR 2016”), the Concession Contracts Regulations 2016 (the “CCR 2016”) and the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

Following the public consultation on the draft UCR 2016 and CCR 2016, the new regulations have now been laid before Parliament and will come into force on 18 April 2016 (subject to a number of exceptions in the UCR 2016 which will come into force at...




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Brexit - How this will impact on UK Procurement Law

In the wake of Brexit, the extent to...




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The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

Introduction This briefing considers issues relating to the extent to which the UK&rs...




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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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The risk of fishing expeditions in the context of public procurement law challenges: a price worth paying to ensure transparency and equality of treatment? (Bombardier v Merseytravel)

Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...




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Public procurement: New case highlights pitfalls for those challenging award decisions

On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...




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Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




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Case E-16/16, Fosen-Linjen AS and AtB: An EFTA Court case clarifying key aspects of EU procurement legislation

Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...




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The question of a “sufficiently serious” breach: a relevant consideration in the review of applications for the lifting of automatic suspensions?

Case comment: (1) Lancashire Care NHS Foundation Trust and (2) Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 200 (TCC) Summary In a recent judgment of the new head of the TCC, Fraser J, Lancashire County ...




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Land development agreements and public procurement regulation: Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532

In its Faraday decision the Court of Appeal has set aside a concluded land development agreement between a local authority and a developer for having been concluded in breach of procurement legislation. This is the first time that an English court h...




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Public Procurement and Government Contracts 2019

We have contributed to the The Public Procurement and Government Contracts guide published by Chambers and Partners. It provides expert legal commentary on key issues for businesses. The publication covers the important developments in the...




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Chambers Public Procurement and Government Contracts 2019 Second Edition

The 2019 edition of the Chambers Public Procurement and Government Contracts is now live. The contributing editor of the Guide is Dr Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland.   Read the Introduction pie...




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Public Procurement & Government Contracts

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New Thresholds under the Procurement Regulations

The new thresholds which come into effect on 1 January 2020 for the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concessions Contracts Regulations 2016 and the Defence and Security Public Procurement Regulations 2011 have...




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Revised EU thresholds regarding public procurement and concession contracts, with Belgian specifics

The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...




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Coronavirus – Public procurement contracts – Belgium

The Royal Decree of 14 January 2013 provides in its Article 38/9 an opportunity for revision of procurement documents during the performance of a public procurement contract, where unforeseeable circumstances arise for the contractor. (1) The said R...




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Chambers Global Practice Guide - Public Procurement and Government Contracts

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Coronavirus – Impact on procurement processes - UK

Public sector bodies face many challenges as a result of the outbreak of coronavirus.  Contracting Authorities may need to procure goods, services or works urgently to deal with these challenges.  Challenges caused by the outbreak may be e...




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The Russian Supreme Court brings clarifications to the relationship between co-owners of intellectual property

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12 Eversheds Sutherland lawyers make WTR’s “World’s Leading Trademark Professionals” List

Eversheds Sutherland is pleased to announce that 12 IP lawyers from our global practice have been recognized in the 2020 World Trademark Review’s “World’s Leading Trademark Professionals” list. Now in its tenth year, the WTR ...




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Trade marks Relating to the Coronavirus

In every crisis, there will be those who seek to get the most out of it. To that end, there has recently been a raft of trade mark applications worldwide seeking to register trade marks related to the novel coronavirus disease (COVID-19), including ...




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Coronavirus – Medical devices and biocide – Europe

While medical professionals everywhere around the globe are working as hard as they can, both them as well as consumers are trying to get protective products to remain healthy and, where possible, prevent being contaminated. It is clear that in seve...




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Coronavirus - Intellectual Property office protocols and key challenges in light of COVID-19 - Global

The coronavirus outbreak and various responses by authorities across the globe have prompted several amendments to government Intellectual Property Offices (“IPOs”), courts, and in some cases filing deadline extensions. These specia...




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Open Solar Contracts Webinar

We will be hosting the global webinar on 30 March at 12.30pm. The webinar should last approximately 60 minutes. ...




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Eversheds Sutherland webinar offering guidance on working from home and mental health - 31 March 2020

Do you have questions on health and safety whilst home and lone working during the pandemic?...




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Coronavirus: In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts Webinar - 3 April 2020

The law on force majeure differs from country to country, not least between common law and civil law jurisdictions. We have produced a both a Global Guide to Force Majeure and an Asia-Pacific Guide to Force Majeure that provides some preliminary ad...




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Eversheds Sutherland webinar offering guidance on how a virus is spread and what health and safety precautions to take during the pandemic - 15 April 2020

Are you comfortable with latest government guidelines on working in a pandemic? Are you enforcing social distancing? In a sea of ‘fake news’ do you understand how Coronavirus is actually spread and what is safe and unsafe?...




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Student contracts and consumer law compliance

Higher education providers and further education colleges have continued to face close scrutiny of their student contracts and accommodation contracts for compliance with consumer and contract law. ...




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Covid-19 Implications on African Solar Industry

Join the experts on Friday 17 April, 1pm, to learn more about these impacts, the different national responses to the pandemic and the potential mitigation strategies applicable to the solar industry....




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Webinar and Live Q&A Clinic: Managing Real Estate Contract Risk

Join us on Friday 17 April as we examine management of real estate contract risk in an uncertain financial market. This session will look at the types of contractual issues you may face, risk protection, reputation management and effective dispute r...




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IP commercialisation for education institutions - webinar

In this webinar for education institutions we will cover:...




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Charity law for educational institutions

In this session we will cover key charity issues for institutions including:...




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Handling complex, reputationally sensitive and high value disputes in the world of Covid-19

In this session we look at high value/reputationally sensitive disputes in the education sector. Running a university or Higher Education Institution is always a complicated business – and never more so than now. The sector is facing a time of unp...




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postponed - Mediation workshop

Come along to an interactive workshop when Alison Oldfield of Eversheds Sutherland and Paul Greatorex from 11 Kings Bench Walk Chambers will take a look at mediation as a route to settlement. When to use it, what’s involved and practical tips for ...




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A new immigration system – what it will mean for your recruitment of non-British/Irish staff and an update on the implications of covid-19 - webinar

There are fundamental changes to the UK’s immigration rules in the pipeline. These will result in a new immigration system applying to non-British and Irish citizens and will not just therefore mean changes to the existing provisions in respect of y...




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Webinar - COVID-19: The continuing rise of pension scams, with guest speaker Margaret Snowdon OBE

With figures (quoted by the FCA in 2019) suggesting that 5 million people could be at risk of falling for a pension scam, and (according to Action Fraud) March seeing a 400% rise in COVID-19 related scams, it is no surprise that pension scams featur...




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A new immigration system – what it will mean for your recruitment of non-British/Irish students and an update on the implications of covid-19 - webinar

There are fundamental changes to the UK’s immigration rules in the pipeline. ...




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Legal privilege and without prejudice webinar: “Keeping Communications Confidential”

This session will cover how legal privilege can be used to keep documents and communications confidential and how and when to use without prejudice. An essential guide to confidentiality and avoiding some of the pitfalls in real estate disputes. ...




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How to effectively settle a dispute – what are the options for dispute resolution and what are the differences? - webinar

Alternative forms of dispute resolution are becoming ever more common. Encouraged by the courts and increasingly favoured by parties, options such as mediation, arbitration and adjudication are becoming more widely used. But what are the differences...




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An introduction to trans-national agreements

This session will cover an introduction to academic collaborations and contracts with international agents. We will also cover topics such as due diligence, common clauses, local advice and what to do when things go wrong....




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Protecting your IP when contracting with third parties – IP development and exploitation agreements – webinar

In this webinar for education institutions we will consider: - contract principles - early questions to consider: • what is the purpose of collaboration? • what IP may be generated? • who owns background IP? ...




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An introduction to contracts - what to look out for when negotiating

We will look at the legal essentials for contract formation and the meaning of some common clauses found in contracts. ...




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Student mental health and information sharing

This panel-style session will provide a forum for high level discussion of data sharing and confidentiality in the context of student mental health and wellbeing and will assist institutions to identify best practice. It will be chaired and facilita...




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Trust-based pension schemes: trustee and employer responsibilities

Pension trustees are required by law to be familiar with pensions and trust law, scheme funding and investment principles and their scheme’s governing documentation. This course is designed to give those with responsibility for trust-based pension ...




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Cyber security and pension schemes

The Pensions Regulator has issued guidance on cyber security, highlighting the need for trustees to be aware of their “responsibilities in respect of cyber resilience” and to “receive regular training and have access to skills and expertise to under...