The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. Etherton Ch, Underhill, King LJJ [2015] EWCA Civ 326 Bailii Public Services Regulations 2006, Directive EU No 2004/38 England and Wales Citing: At first instance (1) – Edenred (UK Group) Ltd, … Continue reading Edenred (UK Group) Ltd v HM Treasury and Others: CA 31 Mar 2015
The Minister for the Cabinet Office appeals against the decision of O’Farrell J to allow (in part) a claim for judicial review of his decision to award a contract to Public First Limited without public notice or competition, relying on Regulation 32(2)(c) of the Public Contracts Regulations 2015. Judges: The Lord Burnett of Maldon Lord … Continue reading The Good Law Project, Regina (on The Application of) v Minister for The Cabinet Office: CA 18 Jan 2022
Hearing of the Claimants’ renewed oral applications for permission to claim judicial review in respect of the Defendant’s decisions to make direct awards of contracts for the supply of personal protective equipment to the Interested Parties pursuant . .
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
Judges: Mr Alexander Nissen QC Sitting as a Deputy High Court Judge Citations: [2022] EWHC 1532 (TCC) Links: Bailii Statutes: Public Contracts Regulations 2015 Jurisdiction: England and Wales Commercial Updated: 14 August 2022; Ref: scu.679764
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017
Claim dismissed Judges: Mrs Justice O’Farrell DBE Citations: [2022] EWHC 46 (TCC), [2022] WLR(D) 21 Links: Bailii, WLRD Statutes: Public Contracts Regulations 2015 18 32(2)(c) Jurisdiction: England and Wales Administrative Updated: 25 March 2022; Ref: scu.671721
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017
The Honourable Mrs Justice Joanna Smith DBE [2021] EWHC 3321 (TCC) Bailii Public Contracts Regulations 2015 England and Wales Contract Updated: 08 January 2022; Ref: scu.670710
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under the 2006 Regulations. Held: The suspension of implementation shold stay: ‘where there is a serious argument, … Continue reading Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system. Held: The statutory system for compensation for unfair dismissal is a complete system, and was intended to replace any common law action for damages arising … Continue reading Johnson v Unisys Ltd: HL 23 Mar 2001
Application by the Defendant, for the lifting of the automatic suspension which arose on issue of a procurement challenge by the Claimant pursuant to regulation 96(1)(a) of the Public Contracts Regulations 2015; and an application by Draeger for an . .
Claim for judicial review in respect of the Defendant’s award of a contract for the provision of focus group and communications support services without public notice or competition, relying on Regulation 32(2)(c) of the Public Contracts Regulations . .
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