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Case Law Update: abandoning a procurement fails to dispose of challenge
The recent judgment in the case of Amey Highways Limited and West Sussex County Council [2019] EWHC 1291 (TCC) deals in detail with the implications of abandonment and the effect of an abandonment decision on an existing claim. The Council had undertaken a competitive dialogue process to select a provider of highways maintenance services. Amey were unsuccessful in that competition by a difference in score of 0.03% against the winning bidder, Ringway.
Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been l...
Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been learnt? It is nearly a year since the case of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council was determined. Hempsons advised the two foundation trusts in successfully challenging the Council’s process, which had been run under the Light Touch Regime.
Hempsons’ Healthcare Newsbrief 2018
Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.
Inadequate record keeping invalidates contract award
Hempsons recently acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.
Case Update: Inadequate Record Keeping Invalidates Contract Award
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.
Newsflash: Hempsons advises 2 NHS Foundation Trusts in successful procurement challenge against Local Authority
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to the award of a contract for the provision of 0 – 19 services.
Keeping it in the family: Wholly owned subsidiaries in the NHS
There is an increasing interest in the establishment of wholly owned subsidiaries in the NHS and this article examines the key drivers for this interest, the legal requirements for such new companies and some of the practical issues that Trusts will need to consider.
Newsflash: Automatic suspension maintained – first automatic suspension case post NDA
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in resisting an application made by Lancashire County Council (the “Council”) to lift the automatic suspension in a procurement challenge. As a result of the claim issued by the Trusts at the end of last year, the Council were automatically suspended from signing the contract with Virgin Care Services Limited (“Virgin”). The Council made an application to lift the automatic suspension. The lifting application was heard on 25 January 2018, and the Court’s judgment has now been handed down.
Efficiency initiatives: key issues to consider
NHS organisations continue to search for ways to improve efficiency and ultimately to save money. The Carter Review provided potential methodologies, and opportunities for savings, and Trusts are implementing various strategies. NHS Improvement has also recently pushed for consolidation in the provision of pathology services with its proposals for new networks of laboratories.
Fall out from Carillion requires careful consideration
With the news of Carillion’s liquidation, a number of questions arise. From a procurement professional’s perspective, what happens to the contracts will be of paramount importance. It is unlikely to be a simple case of novating the contract to a new provider.
January 2018 – Procurement threshold limits to increase
The European Commission announced revised threshold limits for public procurements on 19th December 2017, together with the official rates for converting these limits into pounds sterling. These revised limits will apply from 1 January 2018 to all contract opportunities arising on or after that date.
Social Care Newsbrief Autumn/Winter 2017/18
Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.
Newsflash: Next Steps on the Five Year Forward View – Technology and Innovation
The Next Steps review acknowledges that technology underpins all of the major NHS work programmes.