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A practical guide to public procurement challenges under the Procurement Act 2023

18 February 2025

Our guide for suppliers and contracting authorities in bringing and defending public procurement challenges under the Procurement Act 2023

The Procurement Act 2023 (the “PA23”) in the United Kingdom will commence on or after 24 February 2025. The PA23 replaces the existing legislation relating to the award of public contracts and will apply to new procurements starting after 24 February 2025.

The duties owed by contracting authorities to suppliers under the PA23 differ from those under the existing legislation. There are also differences in the remedies for breach of duty and the procedures for pursuing challenges to public procurements. However, much also remains the same, and experience of the practicalities of bringing and defending public procurement challenges in the High Court will continue to be highly relevant.

Our guide summarises the process of a public procurement challenge under the PA23, including setting out the issues necessary for contracting authorities and suppliers to consider before and after the commencement of formal legal proceedings.