“Challenging the tender process – what is the effect of recent case law?"

November 2009

Jeremy Glover, in a paper given at the first Fenwick Elliott Procurement Update Seminar provides an update on the latest cases from Europe, Northern Ireland and England and Wales. This includes discussion of the basic principles of fairness, transparency and equality, a look at the time within which proceedings for breach of those principles must be brought as well as discussing the perils of electronic tendering and considering the question of whether amendments to provisions of a public contract can constitute a new award. Finally, the paper also looks ahead to the anticipated impact of the Remedies Directive which came into force in December 2009.