Public procurement and access to justice: a legal and empirical study of the UK system
This article presents the findings of an empirical study into suppliers’ behaviour in enforcing EU public procurement law in the UK - where there is a low level of procurement litigation – and the factors influencing this. The study indicates that most suppliers have not perceived any breaches of EU...
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| Format: | Article |
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Sweet and Maxwell
2016
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| Online Access: | https://eprints.nottingham.ac.uk/35915/ |
| _version_ | 1848795190411657216 |
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| author | Arrowsmith, Sue Craven, Richard |
| author_facet | Arrowsmith, Sue Craven, Richard |
| author_sort | Arrowsmith, Sue |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | This article presents the findings of an empirical study into suppliers’ behaviour in enforcing EU public procurement law in the UK - where there is a low level of procurement litigation – and the factors influencing this. The study indicates that most suppliers have not perceived any breaches of EU procurement law. It also indicates that, for cases where problems are perceived, recent reforms required by EU law have led to more complaints and legal actions, and enhanced the practical effectiveness of remedies. However, the study also reveals important remaining obstacles to litigation, in particular the high cost of High Court proceedings, fear of reprisals and (although to a lesser extent) the courts’ approach to interim relief. In the light of recent case law, these findings have interesting implications for the UK’s compliance with its EU obligations to provide effective supplier remedies, and suggest a need to consider a different approach. |
| first_indexed | 2025-11-14T19:28:09Z |
| format | Article |
| id | nottingham-35915 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:28:09Z |
| publishDate | 2016 |
| publisher | Sweet and Maxwell |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-359152020-05-04T18:11:47Z https://eprints.nottingham.ac.uk/35915/ Public procurement and access to justice: a legal and empirical study of the UK system Arrowsmith, Sue Craven, Richard This article presents the findings of an empirical study into suppliers’ behaviour in enforcing EU public procurement law in the UK - where there is a low level of procurement litigation – and the factors influencing this. The study indicates that most suppliers have not perceived any breaches of EU procurement law. It also indicates that, for cases where problems are perceived, recent reforms required by EU law have led to more complaints and legal actions, and enhanced the practical effectiveness of remedies. However, the study also reveals important remaining obstacles to litigation, in particular the high cost of High Court proceedings, fear of reprisals and (although to a lesser extent) the courts’ approach to interim relief. In the light of recent case law, these findings have interesting implications for the UK’s compliance with its EU obligations to provide effective supplier remedies, and suggest a need to consider a different approach. Sweet and Maxwell 2016-09-18 Article PeerReviewed Arrowsmith, Sue and Craven, Richard (2016) Public procurement and access to justice: a legal and empirical study of the UK system. Public Procurement Law Review, 6 . pp. 227-252. ISSN 0963-8245 Public procurement; access to justice; litigation; EU law; administrative law |
| spellingShingle | Public procurement; access to justice; litigation; EU law; administrative law Arrowsmith, Sue Craven, Richard Public procurement and access to justice: a legal and empirical study of the UK system |
| title | Public procurement and access to justice: a legal and empirical study of the UK system |
| title_full | Public procurement and access to justice: a legal and empirical study of the UK system |
| title_fullStr | Public procurement and access to justice: a legal and empirical study of the UK system |
| title_full_unstemmed | Public procurement and access to justice: a legal and empirical study of the UK system |
| title_short | Public procurement and access to justice: a legal and empirical study of the UK system |
| title_sort | public procurement and access to justice: a legal and empirical study of the uk system |
| topic | Public procurement; access to justice; litigation; EU law; administrative law |
| url | https://eprints.nottingham.ac.uk/35915/ |