Mon06262017

Last updateTue, 24 Feb 2015 5pm

Brian Hitchcock looks at what the EU referendum result means for local government and its supply chain while the UK is putting in place its strategy

Most of us involved in public sector infrastructure know that now is the critical time to help provide a clear and positive message which will help promote economic stability, facilitate inward investment and drive economic growth.

Sheridan Treger and Paul Grace examine the condition of the ‘Northern Powerhouse’ concept and what it might mean for promoters of major development in planning terms

When informed of a rumour that he had died, the 19th century American author Mark Twain famously quipped ‘the reports of my death are greatly exaggerated’. Following the Brexit referendum last month, stakeholders are still waiting for similar confirmation about George Osborne’s ‘Northern Powerhouse’ strategy to boost economic growth in the North of England.

Sarah Boland considers a recent ruling on the UCTA unreasonableness test

The High Court has found that the requirement of reasonableness imposed by the Unfair Contract Terms Act 1977 (UCTA) can apply in circumstances where a party’s written standard terms and conditions are incorporated only in part and other terms are tailor-made: Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd [2016].

Kayleigh Bloomfield discusses the (ir)revocability of agency agreements and constructive trusts upon insolvency

Agency is a universal and flexible institution fundamental to commerce. In a globalised commercial world, one of the most important decisions a business can make is the appointment of an intermediary to market and potentially distribute their products to markets that may otherwise be inaccessible or too difficult to manage principally. As such, agency and/or distribution agreements (ADAs) are regularly used by practitioners in the context of both domestic and international commercial transactions.

Robert Bruce summarises proposed planning legislation

The government has recently announced that it will bring forward a new Neighbourhood Planning and Infrastructure Bill in the Queen’s Speech.

Dr Sam De Silva reviews remuneration for service providers

There are a number of different pricing models that are used in outsourcing transactions. This is where the use of outside, independent consultants can be helpful because of their familiarity with different pricing models and their knowledge of going rates. While the customer will want to get the best price possible, it is important for the customer to understand that if the long-term relationship is to succeed, the service provider must make a reasonable return upon the investment that it is making in the outsourcing. A service provider that thinks that it is being underpaid will try to find ways to reduce its costs or increase the customer’s fees. The goal is to pay a fee that fairly rewards the service provider but does not overly reward the service provider to the detriment of the customer.

Crispin Rapinet and Khushaal Ved examine the here and now of enhanced UK efforts to make anti-bribery and corruption compliance the norm

Anti-bribery and corruption efforts are trending globally and the hype is very real in the UK. Fresh off the SFO’s conviction of Sweett Group, the first under s7 of the Bribery Act 2010 (UKBA), and the judicial approval of the first deferred prosecution agreement (DPA), with Standard Bank, the UK government has recently hosted an anti-corruption summit in London, suggesting a determined fostering of compliance.

Jeremy Farr and Shawn Kirby discuss the interpretation of a consequential loss clause

In a decision with potentially far-reaching implications for commercial parties generally and the energy industry in particular, the English Court of Appeal has handed down judgment on the construction of a consequential loss clause in a drilling contract between Transocean Drilling UK Ltd (Transocean) and Providence Resources plc (Providence) (Transocean Drilling UK Ltd v Providence Resources plc [2016]). In so doing it has given guidance on how consequential loss clauses should be interpreted.