header-logo header-logo

23 July 2021 / Nicholas Dobson
Issue: 7942 / Categories: Features , Public
printer mail-detail

Public procurement: He knew he was right…

53329
Nicholas Dobson reports on Cabinet Office procurement decisions found unlawful through apparent bias
  • A fair-minded and informed observer would conclude that there was apparent bias by the Cabinet Office when it appointed a research agency without considering other potential competitors.

The prime minister’s former adviser, Dominic Cummings, is not noted for excessive constraint or diffidence in his public pronouncements. So, commenting on vaccine deployment, he tweeted about his ‘rushed instructions on how to change Vaccine Taskforce from another Hancock shitshow to low-friction-fast-decisions success’. Among the instructions was that: ‘…we need treatments by autumn, not powerpoints and meetings for months’ and ‘no usual bullshit and processes…’.

Cummings was consequently quick off the Twitter mark when Mrs Justice O’Farrell in the Technology and Construction Court found on 9 June 2021 in R (on the application of Good Law Project) v Minister for the Cabinet Office [2021] EWHC 1569 (TCC) that his recommended Cabinet Office appointment of Public First (PF)—an agency specialising in opinion research on complex public policy issues—was unlawful through

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll