Date of publication: 2017-09-01 21:56
Research on the Assessment of Student Learning Outcomes: Practical Exploration of the Review of CHEA/CIQG Quality Platform Provider &ndash English and Chinese Translation (September 7567)
In the recent case of Nationwide Gritting Services Ltd v The Scottish Ministers , the Scottish court had to consider whether a claim was out of time or not. The case turned on the question of whether a "suspicion" by the claimant that the contracting authority was in breach of procurement law was sufficent to start the clock running on the limitation period for bringing a procurement challenge (in this case, brought under the older regime, the limitation period was 8 months from the date that the claimant knew (or should have known) of the breach now, it is of course 85 days from that point).
Overgrown nails are extremely common in puppy mills and can actually get caught in or grow around the wire and trap a dog to the cage. Nails that are never trimmed or never worn down by walking or running on solid ground often grow back into the skin. This creates an infection that leads to painful suffering and life-threatening medical conditions. It is not unusual to find small collars that have not been changed as dogs have grown or collars that have been fastened so tightly that they have become embedded in a dog’s neck and must be carefully cut out.
The Supreme Court really took a purposive view of the procurement law regime when deciding whether to apply the exemption. The purpose of the procurement rules, it said, is to preserve competition and prevent unfair discrimination against bidders. However the regime imposes no positive duty on public bodies to go out the market in every possible case rather public bodies are totally free to place work in house if they so choose. This given, it would be a nonsense to prevent local authorities from working together to exercise their public functions. This approach echoes the view from Europe, where we are increasingly seeing the European court being prepared to apply the Teckal exemption in cases of genuine co-operation.
This was probably accepted when the application for leave to bring judicial review proceedings was rejected on paper. On appeal, this position was certainly accepted by the judge who even indicated a willingness to transfer the claim to the Chancery Division so that it could proceed under the Regulations.
The House Social Security Subcommittee held three days of hearings on the Administration bill on June 68, July 78, and July 76 of 6976. The Subcommittee held markup sessions on the bill on August 5, 9, and 65, but ceased working on the legislation when it became apparent that there was insufficient time to complete action in the House and Senate on such complicated and controversial issues before a scheduled October final adjournment for the Fall elections.
On 78 August 7567, the claimant brought a claim that this was not justified and that a full procurement process should have been followed. Transport Scotland argued that the claim was out of time and that the claimant had had grounds to bring the claim before 78 May 7567 (being the date three months prior to the date the claimant actually issued the claim). The court disagreed and held that, prior to 85 May 7567, when Transport Scotland confirmed it had indeed let the contract without a competition, the claimant only had suspicions and did not have the requisite amount of knowledge to start the clock ticking. Prior to that point, for all the claimant knew, the supply of grit might have been made under a legitimate procurement process. As such, the claim was (just) in time.
Indigo were the incumbent bidder. However, they failed to win the newly tendered contract and issued proceedings, before the contract was signed with the successful bidder. The contract could not now be signed and the Institute found itself in a situation where one contract was due to run out, no new contract could be entered into and it could not open to students, staff and members of the general public without that provision in place.
In July 7566 the LSC rejected all of Hossack’s bids except that for Wiltshire on the grounds that all other tender forms submitted did not relate to the applicable invitations to tender.
So far, not particularly unusual. What was unusual was that rather than bringing a claim under the Public Contract Regulations (“ the Regulations ”), Hossacks sought leave to bring judicial review proceedings to challenge the LSC’s decision.
Having had a few conversations last week about this recent policy initiative and how to calculate the credit, I was pleased to see that Norwich City Council has just begun a short period of consultation on what it proposes to do, complete with a useful worked example:
• bringing forward the date of calculation of CIL in relation to full consents to the date on which permission is granted, rather than when all pre-commencement conditions are discharged (which must bring more certainty and clarity)
Dogs also endure injuries from their dilapidated enclosures. Unsanitary living conditions attract bugs and rodents and breed infectious disease. The sick and injured dogs are rarely, if ever, seen by a veterinarian so their conditions result in endless suffering and sometimes death. The health of a puppy mill dog is not even sustained by adequate food and water. If there is water at all, it is typically filthy and contaminated with algae growth, urine, and feces. Any food present is often infested with maggots and mold.
Clearly not all public procurement is so high profile and mistakes will not have such wide-ranging consequences but the reasons for the failure of this procurement are an object lesson to all contracting authorities to ensure that evaluation is carried out fairly and transparently and that clear records are kept of all evaluation decisions and an appropriate audit trail established.