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Last updateTue, 24 Feb 2015 5pm

Procurement and Outsourcing Journal: January/February 2017

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.

Supportica

Sana Khan explores the need for an opensource software policy

Nowadays, most organisations use opensource software (OSS) somehow, whether it is embedded in an organisation’s own information technology infrastructure or used to provide products and/or services to customers.

Ashfords

Elizabeth Gibson reports on the scope of the PCR 2015

The High Court has dismissed a challenge by Faraday Development Ltd (FDL) against West Berkshire District Council (WBDC), on the basis that a development agreement fell outside the Public Contracts Regulations 2015 (PCR 2015) (R (Faraday Development Ltd) v West Berkshire Council [2016]). There were two key aspects of FDL’s challenge: whether WBDC had failed to comply with its statutory duty under s123(2) of the Local Government Act 1972; and whether WBDC acted lawfully in deciding that the bid fell outside of the PCR 2015. This article will focus on the second aspect of FDL’s challenge.

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.

Brabners LLP

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 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:

Nabarro LLP

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.