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10 November 2023 / Fleur Turrington , Jennifer Clarke , Aimee Cook
Issue: 8048 / Categories: Features , Procedure & practice , Procurement
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The Procurement Act—substantial progress or missed opportunity? Pt 2

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Fleur Turrington, Jennifer Clarke & Aimee Cook believe the new Act represents an opportunity for increased transparency
  • The Procurement Act 2023 received Royal Assent in October, with an implementation period expected before coming into force in October 2024.
  • A key principle that remains within the Act is that contracts under the competitive tender procedure are to be awarded in line with the ‘most advantageous tender’ and not those that are simply the most economically attractive to contracting authorities.

The Procurement Act 2023, which received Royal Assent in October, introduces the concept of a centrally managed debarment register. This will comprise a list of suppliers to be excluded from competing for public contracts. Suppliers will only be excluded following ministerial investigation and there is a right for the supplier to challenge exclusion within the debarment standstill period of eight working days of the decision to exclude.

Ministers will also have powers of review where they believe a contracting authority may unknowingly award

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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