A cautionary tale for contracting authorities: Integrated Care Boards take note

Since 2009 a peculiar remedy has been lurking in the Public Contracts Regulations.  It is a remedy that is rarely litigated and therefore remains somewhat shrouded in mystery. It is the remedy of ‘ineffectiveness’, namely the ability of the court to put an end there and then to a publicly procured contract that has been awarded in certain circumstances in breach of the Regulations.

In a recent decision, the court has given a much clearer picture of what the appropriate level of civil penalty might be as Helen Prandy explains in her blog: Effective, proportionate and dissuasive”: the cost of ineffectiveness.

Our content explained

Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.

Posted by


Mills & Reeve Sites navigation
A tabbed collection of Mills & Reeve sites.
My Mills & Reeve navigation
Subscribe to, or manage your My Mills & Reeve account.
My M&R


Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.

Existing clients

Log in to your client extranet for free matter information, know-how and documents.


Mills & Reeve system for employees.