Mon06262017

Last updateTue, 24 Feb 2015 5pm

David Sawtell reviews recent guidance on the American Cyanamid test

Applications for interim injunctions are frequently made urgently, with limited opportunity for a careful consideration of the case law. If a respondent is given informal notice of an application, their legal team will likewise need to move rapidly. Practitioners, therefore, need to be alert to developments in the law ahead of the telephone call from their client.

Edward Bennett assesses the value of SIAM and multi-sourcing in 2016

In an economic climate where chief technology officers (CTOs) are increasingly required to deliver ever more for less, the service integration and management (SIAM) tower model was much-discussed in 2015. The SIAM tower model generates significant press and controversy, belying the fact that it is, in reality, a variant on a more familiar multi-sourcing model, evolved to recognise and provide for the reality that many businesses do not have the experience and capability to manage multiple suppliers.

Paul Smith examines the National Infrastructure Delivery Plan

On 23 March 2016 the government published a new National Infrastructure Delivery Plan (the NIDP) outlining the government’s infrastructure priorities for the next five years and beyond. Improving visibility for the investor community and the supply chain, the plan details the government’s infrastructure plans for £483bn worth of planned investment in all sectors across the UK, which for the first time also includes the delivery of social infrastructure. Around £300bn of the intended investment has been allocated to the delivery of infrastructure over the next five years.

John Houlden and Adrian Martin consider the handling of TUPE in procurement documents

A bid team treads a delicate line when it seeks to present a confident and apparently certain solution to a purchaser’s needs if that solution will involve changes for employees. A bidder should therefore have regard to the potential employment law ramifications of what it says in its bid document.

John Bosworth summarises changes to permitted developments and a further blow to launderette users

From 6 April 2016, amendments are made to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015). The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (the Amending Order) introduces new permitted development (PD) rights and puts the office-to-residential right on a permanent footing.

Clare Auty and Doris Woo examine the application of penalty clauses in procurement contracts

The use of liquidated damages clauses and service credits, such as those found in many commercial contracts, including public service network supply agreements and managed service agreements, are subject to the penalty test established in Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co [1914]. Provisions deemed by courts to be penalty clauses are unenforceable and bear the following characteristics:

Peter Kershaw pinpoints the arrival of a new era for major development opportunities

A key point I often find myself stressing in discussions with anybody considering investing time and money in developing land or property is that:

Matthew Collingwood-Cooper and Mike Trodden look at the operation of pay less notices in construction contracts

In Harding v Paice [2015], the Court of Appeal revisited the authorities dealing with the consequences of a failure by a paying party to issue a pay less notice in accordance with the Housing Grants, Construction and Regeneration Act 1996 (as amended) (Construction Act). The Court of Appeal’s judgment means that different rules apply depending on whether a payment application is for an interim or a final account.