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Social Partnership and Public Procurement (Wales) Act
Blake Morgan's final Procurement Series Webinar is now available to watch as a pre-recorded session.
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What is the role of the National Trading Standards Estate & Letting Agency Team in assisting enforcement authorities?
Robert Brown, Principal Solicitor at Powys County Council, recalls joining the National Trading Standards Estate & Letting Agency Team (NTSELAT) and explains how the team can help legal officers in enforcing their council's statutory duties.
Webinars
Is Omeprazole the new EDS?
Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
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Seeking clarification of tenders
A recent case highlights the importance of clear tender rules and when to seek clarification of tenders, writes Steven Brunning.
Impending Procurement Act: What you need to know
The Procurement Act 2023 will come into force next week. Liz Fletcher sets out some key actions for contracting authorities and suppliers.
AI and procurement
Anja Beriro looks at the potential use of artificial intelligence in public sector procurements.
Social Partnership and Public Procurement (Wales) Act
Blake Morgan's final Procurement Series Webinar is now available to watch as a pre-recorded session.
Why should you sweat the (seemingly) small stuff?
What are contract standing orders and why are they so important? Deepak Parmar explains.
Procurement Act government guidance – Perhaps 'not a reliable method of interpretation of the law'?
Andrew Millross looks at what might happen where there is a possible misalignment between the words of the Procurement Act 2023 and government guidance.
Contract management and performance
Bradley Martin looks at the new requirements under the Procurement Act 2023 in relation to the management of contracts.
The Procurement Act 2023 and development agreements
How will the Procurement Act 2023 change development agreements and land transactions? Christopher Brennan, Alison Richards and Alexi Markham explain.
The National Procurement Policy Statement – an opportunity for mission driven procurement?
Charlie Miller and Suhan Rajkumar examine the reasons behind the Cabinet Office’s survey on a new National Procurement Policy Statement.
Procurement Act 2023: Are you ready?
Louise Bennett sets out the key considerations for contracting authorities when they come to launch a procurement exercise under the incoming Procurement Act 2023.
Modification of contracts existing before the go-live date of the Procurement Act 2023
Jan Cumming considers the position on modifying contracts entered into or for which the procurement commenced before the go-live date of the Procurement Act 2023.
Unpicking the Procurement Act Episode 4: Challenges and Remedies
39 Essex Chambers Barrister Katherine Barnes is joined by Laura Thornton, Associate Director at Osborne Clarke, to discuss challenges and remedies under the Procurement Act 2023. Having identified the main changes, the speakers go on to consider the significance of the changes.
Unpicking the Procurement Act Episode 3: Contract Modification
In this episode, 39 Essex Chambers barrister Katherine Barnes is joined by Jonathan Davey, Partner at Addleshaw Goddard specialising in procurement and commercial law, to discuss the rules for the modification of contracts under the Procurement Act 2023, the extent to which these represent a substantive change in practice and possible difficulties arising.
Unpicking the Procurement Act Episode 2: Exclusion and Debarment
39 Essex Chambers barrister Katherine Barnes and Parishil Patel KC is joined by Lucy James, partner and National Head of Commercial Litigation at Trowers & Hamlins, to discuss the grounds on which suppliers can be excluded under the Procurement Act 2023, the new debarment list and the implications of these for procurement practice and litigation.
Unpicking the Procurement Act Episode 1: Overview and New Procedures
In the first episode of this series, Katherine Barnes and Rose Grogan of 39 Essex Chambers introduce the Procurement Act 2023 and its new procurement procedures. Over multiple episodes, Katherine Barnes, public, procurement and planning barrister at 39 Essex Chambers, will discuss the key changes to public procurement under the Procurement Act 2023 with various expert speakers. The podcast takes listeners through the key changes that will apply to new procurements from 25 February 2025, analyses the significance of the changes in practice and identifies possible pitfalls/difficulties that may…
Dynamic purchasing systems and below threshold contracts
Can dynamic purchasing systems be used for below threshold contracts? Emily Heard sets out the key considerations.
Procurement Act 2023: Light Touch Regime
Bradley Martin and Brieanna McDonald examine key aspects of the Light Touch Regime under the Procurement Act 2023.
Procurement Act guidance on frameworks is out – Buyers beware!
The latest batch of guidance on the Procurement Act 2023 (the Act) released by the Cabinet Office includes the eagerly awaited guidance on frameworks. Dr Steven Brunning looks at the key considerations.
Local authority owned companies and the Teckal exemption
In the second in a two-part series on local authority owned companies, Jan Cumming analyses the Teckal exemption.
Challenges to exclusion
Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
Challenges to exclusion
Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
Update on limitation periods
A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.
The new procurement regime approaches
With the introduction of the Procurement Act 2023 little more than four months away, Clare Hardy provides an overview of the key changes coming into force
Before, during and after a waste procurement process
Alex Lawrence looks at how to deal with recent – and ongoing - changes to waste procurement
Disclosure in procurement disputes
A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.
The Procurement Act 2023: "go-live" confirmed
Emily Heard analyses the Cabinet Office's announcement of an intended “go-live” of Monday 28 October 2024 for the Procurement Act 2023.
Improving social value: a private sector perspective
Laura Thornton and Fergus Alexander set out some recommendations on how to deliver better results for social value in public procurement.
What’s in the Pipeline?
More government guidance on the Procurement Act has been published. Jenny Beresford-Jones sets out the main points.
Procurement Act 2023 – Teckal & Hamburg Exemption
Melanie Pears and Tim Care analyse the new obligations on contracting authorities in relation to the Teckal & Hamburg Exemption, drawing attention to any key changes from previous procurement legislation which contracting authorities ought to be aware of.
Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988
Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of "non-commercial matters" in procurement processes.
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Provision of same-sex intimate care
A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
Court of Protection case update: April 2025
Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
High Court guidance on Article 3 engagement in care at home cases
David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
‘Stitch’, capacity and complexity
Alex Ruck Keene KC (Hon) examines a High Court judge’s masterclass in capacity determination.
Issuing proceedings in best interests cases
Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
Court of Protection case law update: March 2025
Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
How does the Welsh Government intend to reform the regulation and inspection of social care in Wales? Luke Williams and Eve Piffaretti look at the latest developments.
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
Will individuals in receipt of NHS Continuing Healthcare soon be able to opt for Direct Payments? Eve Piffaretti and Luke Williams set out the Welsh Government’s proposals.
What is the right approach to Care Act assessments?
The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
Disabled people in immigration bail: the duties of the Home Office and local authorities
The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.
Capacity, insight and professional cultures
Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
Court of Protection update: February 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Setting care home fees
The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
Court of Protection Update - December 2024
Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
Capacity and civil proceedings
Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
Recovering adult social care charges via insolvency administration orders
Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.
Court of Protection case update: October 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
Communication with protected parties in legal proceedings
Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.
The way forward for CQC – something old, something new….
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
The Ombudsman, DoLS and triaging – asking the impossible?
Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.
Outsourcing and the Human Rights Act 1998 – the consequences
Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.
Commissioning care and support in Wales: new code of practice
The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
Care and support for disabled and elderly people during ‘Lockdown 3’ in England – key legal considerations
- Details
Regulations introduced as part of the third national lockdown will have significant implications for people in need of care and support, their families and friends and professionals involved in their lives. Stephen Broach and Sian Davies analyse the current regulations.
Capacity and EHC Plans
- Details
Matthew Wyard considers an important ruling for local authority education departments on how the Children and Families Act 2014 regime for over 18s and the Mental Capacity Act 2005 regime intertwine.
Reporting upon capacity for the court (and more broadly) – what (not) to do
- Details
A recent Court of Protection decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be, writes Alex Ruck Keene.
November 2020 Mental Capacity Report walkthrough
- Details
Alex Ruck-Keene provides an overview of 39 Essex Chamber's November update on mental capacity issues in the courts this month.
The inherent jurisdiction, deprivation of liberty and out of hours applications
- Details
The Court of Appeal recently set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached. Alex Ruck Keene analyses the ruling.
Section 21A applications and interim declarations: The implications of DP v Hillingdon
- Details
Join the Kings Chambers team of specialist Court of Protection barristers to discuss DP v Hillingdon, a recent case which is already altering the way that s.21A Mental Capacity Act applications are conducted.
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