Last updateTue, 24 Feb 2015 5pm

Procurement and Outsourcing Journal: July/August 2016
Nabarro LLP

In the second part of an examination of security risks in outsourcing, Dr Sam De Silva highlights the issues to be considered when drafting contracts

The first part of this article (‘Secure services’, POJ30, May/June 2016, p7) outlined the background to security risks and types of security requirements. This article will set out further areas in the contract which should be addressed, including:

John Doherty and Richard Reeve-Young explore the vexed question of legal professional privilege in the context of increasing regulation

In a breakfast meeting in support of Youth At Risk on 9 March 2016, ‘The Scope and Role of the Legal Professional Privilege and its proper place in the context of corporate internal investigation’, Lord Neuberger commented on the increasingly contentious issue of the application of legal professional privilege (LPP) to communications/documents generated by lawyers in the context of corporate internal investigations. This area of the law is in sharp focus at present and developing swiftly, driven by greater regulatory enforcement, especially in the areas of bribery and corruption, which carry significant fines and prison sentences. Perhaps somewhat counter-intuitively, we turn first to Lord Neuberger’s concluding remarks, in which he empathises with the role of a professional adviser in an increasingly complex and fast-moving world (para 25):

Nigel Howorth and Michael Coxall report on significant planning reforms

The Housing and Planning Act 2016 (the Act) has received Royal Assent. It provides framework powers for a number of significant planning reforms including the requirements to provide starter homes within residential development, a new route to planning permission through ‘permission in principle’, a disputes mechanism for parties struggling to agree terms of a section 106 agreement, and new powers to override private rights to replace the current ‘section 237’ powers. In this article, we comment on the principle elements of planning-related reform.

Chris Syder looks at the potential impact of the Modern Slavery Act

The UK’s Modern Slavery Act 2015 (the Act) not only sets out stronger criminal sanctions against those who profit from this form of gross human exploitation, but has provided society with the opportunity to scrutinise and hold businesses more accountable for what they are doing to counter modern slavery. The Act requires both UK and foreign companies and other commercial organisations (including partnerships and LLPs) that carry out any business involving goods and/or services in the UK, and have a global annual turnover of £36m or more, to prepare and publish a slavery and human trafficking statement (a statement) for each financial year ‘as soon as reasonably practicable after the end of each financial year’. Businesses with a year end of 31 March 2016 were the first required to publish a statement under the Transparency in Supply Chains clause.

Craig Bennett considers a recent Court of Appeal decision on the oral variation of contracts

Many contracts, including PFI project agreements, include a provision which prohibits oral variations and only permits variations when they are in writing.

Ince & Co

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.

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.