Mon06262017

Last updateTue, 24 Feb 2015 5pm

Emily Heard weighs up the adequacy of damages and the lifting of the automatic suspension when profit is not the only consideration

In the recent High Court procurement challenge of Perinatal Institute v Healthcare Quality Improvement Partnership [2016], the court lifted the automatic suspension, holding that while there was a serious issue to be tried, damages would be adequate for the claimant, and further that the balance of convenience favoured lifting the suspension.

Dr Sam De Silva discusses the merits and operation of acceptance testing

Whenever a customer procures products/services it must consider whether it needs to test those products and services before it accepts them. This process is usually called acceptance testing. It is commonly tied in some way to commissioning, which is the internal process followed to prepare new goods/services for use by the customer.

Doug Wass and Nikolas Ireland provide an update on contractual remedies

The Court of Appeal’s recent decision in Scottish Power UK plc v BP Exploration Operating Company Ltd [2016] has given guidance on the approach the court should take when considering whether a contractual remedy for a breach of contract should be interpreted as the sole remedy for that breach to the exclusion of all other common law remedies.

In the second of two articles, Chris Parker, Gregg Rowan and Nick Pantlin look at the judicial implication of a duty of good faith

Part one: 'Keeping the faith', POJ33, November/December 2016

In Yam Seng Pte Ltd v International Trade Corp Ltd [2013], the High Court took what is arguably a novel approach in implying a duty of good faith into an ordinary commercial contract, purporting to apply normal principles governing contractual interpretation and the implication of terms. The judge referred to the two traditional criteria for implying a term into a contract, namely whether the term is:

Richard Hough highlights the key points in recent Crown Commercial Service guidance

Newly published Crown Commercial Service (CCS) guidance encourages contracting authorities to incorporate social, ethical and environmental considerations into various stages of their procurement processes, as permitted by provisions already in place in the Public Contracts Regulations 2015 (PCR 2015).

In the first of two articles, Chris Parker, Gregg Rowan and Nick Pantlin help readers to navigate obligations of good faith in commercial contracts

The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But it is becoming increasingly common for parties to agree terms requiring them to act in ‘good faith’, or similar. Even where no such term is expressed in the contract, courts and tribunals are increasingly being asked to imply good faith obligations.

Stephanie Rickard and Punim Anda examine a recent decision on the classification of public works contracts

The case of R (Faraday Development Ltd) v West Berkshire Council [2016] will be of interest to local authorities and developers alike. The judgment provides detailed guidance on how a land development agreement can be structured so that the resulting contract is outside the scope of public procurement law.

Marian Ang and Dr Sam De Silva review recent guidance on cloud computing and outsourcing

Cloud computing has seen huge uptake by companies across all industries over the past decade. The cloud offers possibilities for all forms of enterprise, with computing resources ranging from infrastructure and data centres to software applications available both cheaply and on demand. It is a fast-growing business estimated by Gartner to triple in value to around US$67bn by 2020.