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23 July 2021 / Nicholas Dobson
Issue: 7942 / Categories: Features , Public
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Public procurement: He knew he was right…

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Nicholas Dobson reports on Cabinet Office procurement decisions found unlawful through apparent bias
  • A fair-minded and informed observer would conclude that there was apparent bias by the Cabinet Office when it appointed a research agency without considering other potential competitors.

The prime minister’s former adviser, Dominic Cummings, is not noted for excessive constraint or diffidence in his public pronouncements. So, commenting on vaccine deployment, he tweeted about his ‘rushed instructions on how to change Vaccine Taskforce from another Hancock shitshow to low-friction-fast-decisions success’. Among the instructions was that: ‘…we need treatments by autumn, not powerpoints and meetings for months’ and ‘no usual bullshit and processes…’.

Cummings was consequently quick off the Twitter mark when Mrs Justice O’Farrell in the Technology and Construction Court found on 9 June 2021 in R (on the application of Good Law Project) v Minister for the Cabinet Office [2021] EWHC 1569 (TCC) that his recommended Cabinet Office appointment of Public First (PF)—an agency specialising in opinion research on complex public policy issues—was unlawful through apparent bias. He fulminated on Twitter that: ‘Court is telling

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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