Sun06252017

Last updateTue, 24 Feb 2015 5pm

Squire Patton Boggs LLP

Squire Patton Boggs LLP

Michael Davar analyses the recent case of Astor and the principle of futility in contractual construction

In his judgment in Astor Management AG v Atalaya Mining plc [2017], Leggatt J stated that:

Louise Mansfield reports on convicted suppliers ‘self-cleaning’ previous bad behaviour

The Public Contracts Directive 2014/24/EC (the 2014 Directive), superseding the Public Contracts Directive 2004/18/EC, sets out the legal framework for public procurement when contracting authorities seek to acquire supplies, services or works (eg civil engineering or building). The intention is that procurement rules become simpler and more flexible. Despite the 2014 Directive not requiring transposition into member states’ law until April 2016, the UK prioritised the implementation through the Public Contracts Regulations 2015, which came into force on 26 February 2015 (with some exceptions).

Laura Crawford and Jon Chesman warn against the expedient choice of defendants

On Friday 11 September 2015, in the High Court in London, Mr Edward Murray (sitting as a deputy High Court judge) handed down a reserved judgment: Clutterbuck v Cleghorn (as Judicial Factor to the Estate of Elliot Nichol Deceased) [2015], in which the entirety of the claimants’ £97.5m claim was struck out as an abuse of process. This summary trial was the culmination of a number of years’ speculative litigation by the claimants, Amanda Clutterbuck and Ian Paton, against various defendants. Having been wholly unsuccessful in 2014 in a very similar factual case against Ms Sara Al Amoudi (the trial of which took six weeks and involved 25 witnesses), the claimants sought to try their luck against the substantial estate of the late Mr Elliot Nichol.