What can the public sector learn from CISGIL v IBM? Part Two – The Practical Lessons

In our first article we considered the legal lessons to be learned by the public sector from the failed transformational IT project considered by the High Court in the CISGIL v IBM case.  The focus of our analysis was on the terms of the agreement between CISGIL and IBM signed in May 2015 and the …

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What can the public sector learn from CISGIL v IBM? Part One – The Legal Lessons

CISGIL v IBM concerned the failed implementation of an IT system that was core to CISGIL’s continuing ability to do business, with sums claimed by CISGIL in excess £128 million.  By way of background, CISGIL was a wholly owned subsidiary of the Co-operative Group Limited (“Co-op Group”) and was in the business of underwriting and …

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Publish or be damned: Transparency Obligations – What Contracting Authorities need to know

The decision by the High Court in the Good Law Project’s challenge against the Secretary of State for Health and Social Care in relation to his failure to comply with transparency obligations has received vast amounts of media attention over the last month. Whilst it has been widely publicised that the Secretary of State was …

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More flexible dispute resolution in procurement challenges – the case for reform

At the Transforming UK Public Procurement webinar we hosted earlier this month, a panel of lawyers and industry experts discussed the Government’s Green Paper on Procurement Reform.  One of the key themes explored during the webinar was the panel’s views on the current procedures for procurement challenges and the fact that the current one-size-fits-all full …

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Who can challenge a procurement decision by way of judicial review?

Last week, there was much media fanfare over the 18 February 2021 decision of the High Court in favour of the Good Law Project (GLP) in the case brought by them challenging the Health Secretary  (SoS) over the transparency requirements of the Public Contracts Regulations 2015.  At the centre of this media storm was the …

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Consultation on Reform of the UK’s Public Procurement Rules:  Some Christmas Food for Thought from the UK Cabinet Office

For anyone interested or involved in the way the UK spends £290bn of public money each year, the Cabinet Office’s Green Paper on Public Procurement which can be found here will make interesting reading. Even the most curmudgeonly Remainer would have to admit that the Paper is bristling with innovation and presents an opportunity to …

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Decarbonising the Strategic Road Network and local roads to create a new ‘normal’

The Strategic Road Network (SRN) comprises the UK’s motorways and major A roads and is an integral piece of UK infrastructure.  With traffic forecast to grow by as much as 59% on the SRN by 2050, it seems inevitable that further expansion of the SRN and local road network will be required to accommodate this. …

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Artificial Intelligence and the Public Sector

Artificial Intelligence and the Public Sector Introduction The potential benefits of implementing artificial intelligence (AI) within a government department or agency can be significant and even transformative for the efficiency and effectiveness of that organisation – so long as it is set up to succeed. The use of AI, particularly in outsourcing deals, can give …

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Build Back Better: how Government purchases is as crucial as what it chooses to invest in

The 2020 party conference season will perhaps be even more remarkable than last year’s. Twelve months ago, delegates took their seats against a backdrop of party infighting and prorogation. Fast forward one year and the conference halls are empty whilst Brexit may not even make it to the top of the agenda. This autumn, politicians …

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Applied Game Theory – the future of IT procurement? Looking at it through a government lens

DLA Piper’s Technology and Strategic Sourcing team recently completed a c. £275 m transformative networks and telephony deal for one of the UK’s largest financial institutions, which used an innovative negotiation method known as ‘applied game theory’ in order to carry out the final negotiation stage of the procurement process. The resultant outcome was a …

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The 2019 rail franchising litigation – procurement: Legal privilege and a duty to give sufficient reasons

As we noted in our first article, on 17 June 2020 Mr Justice Stuart-Smith handed down judgment in the 2019 Rail Franchising Litigation, one of the largest and most complex procurement and commercial judicial review claims litigated to date in the UK. DLA Piper acted for the Secretary of State for Transport (the “SoS”) and …

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Be Aware UK: Furloughed employees to receive redundancy and notice pay at full not furloughed rate

The Government has published the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 which come into force on 31 July. The Regulations ensure that employees who have been furloughed receive statutory redundancy pay, statutory notice pay, unfair dismissal compensation and certain other statutory payments based on their normal wages, rather than …

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Be Aware UK: Job Retention Bonus – New guidance just released

The Government has today (31 July 2020) published a policy paper setting out more detailed guidance on the Job Retention Bonus announced as part of the ‘Plan for Jobs’ on 8 July. The Job Retention Bonus is intended to provide additional support to employers who keep on their furloughed employees after the Coronavirus Job Retention …

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