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Title: Public procurement and access to justice: a legal and empirical study of the UK system
Authors: Arrowsmith, Sue
Craven, Richard
First Published: 2016
Publisher: Sweet and Maxwell
Citation: Public Procurement Law Review, 2016, 6, 227-252
Abstract: 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.
ISSN: 0963-8245
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © the authors, 2016. After 12 months embargo from the date of publication this version will be an Open Access article distributed under the terms of the Creative Commons Attribution Non-commercial License (, which permits unrestricted use, distribution, and reproduction in any medium non-commercially, provided the original author and source are credited.
Description: This is a pre-copyedited, author-produced version of an article accepted for publication in Public Procurement Law Review following peer review. The definitive published version is available online on Westlaw UK or from Thomson Reuters DocDel service .
Appears in Collections:Published Articles, School of Law

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