An Overview of the United Kingdom Public Procurement Review and Remedies System with an Emphasis on England and Wales

Abstract

This paper will first discuss the public procurement review bodies in the jurisdictions of the United Kingdom (excluding Scotland), the limitation of the review and remedies system to contracts within the field of application of the EU Directives and the United Kingdom Regulations, and the rules on standing (1.). Second, the available remedies before and after the conclusion of the contract will be discussed, including interim measures (2.), standstill provisions (3.), the establishment of a breach (4.), the annulment and set-aside of award decisions (5.), the ineffectiveness of the contract (6.), alternative penalties (7.), damages (8.), parallel remedies (9.) and alternative dispute settlement (10.). The analysis will show that, following the traditional limited approach to the transposition of Directives followed in the United Kingdom, the transposition of the public procurement remedies Directives does not go beyond the requirements of these instruments. It will also be shown that while the United Kingdom systems of public procurement review and remedies is largely compliant with the requirements of EU law, there are a few important exceptions which will be specifically highlighted. The discussion will focus on the law of England and Wales unless otherwise stated, although it is mostly equally applicable to Northern Ireland as well.

Keywords: Public Procurement, review, remedies, United Kingdom

JEL Classification: H57, K23, K41