Last updateTue, 24 Feb 2015 5pm

Procurement and Outsourcing Journal: November/December 2015

Simon Lewis examines the duty of good faith in commercial contracts

English contract law does not like the idea of a duty of good faith which can be implied into commercial contracts as a matter of law. The imposition of such a duty has been seen as inimical to the adversarial tradition of negotiated agreements and the principle of freedom of contract. This approach is encapsulated by Bingham LJ in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1987]:

Victoria Hutton outlines changes to the statutory challenge of planning decisions and orders

Those involved in procurement for development projects would be wise to take heed of certain legislative amendments to statutory challenges of planning decisions and orders which, at the time of writing, are due to come into force on 26 October 2015. In brief, the amendments involve the introduction of a permission stage prior to proceeding with the challenge, a small amendment to the date the time limit starts to run for certain statutory challenges and the introduction of an opportunity for applicants to bring statutory challenges to certain costs orders made in the planning context. The proposed changes may have significant repercussions for those seeking to manage the risks of a challenge being brought to the grant or refusal of permission in the procurement context.

James Parker reviews the second UK ‘business and commercial’ DCO project

How the UK plans and delivers its major development is crucial to making sure the country gets what it needs. This article explores the latest developments and the use of the new consenting regime.

Louise Mansfield reports on convicted suppliers ‘self-cleaning’ previous bad behaviour

The Public Contracts Directive 2014/24/EC (the 2014 Directive), superseding the Public Contracts Directive 2004/18/EC, sets out the legal framework for public procurement when contracting authorities seek to acquire supplies, services or works (eg civil engineering or building). The intention is that procurement rules become simpler and more flexible. Despite the 2014 Directive not requiring transposition into member states’ law until April 2016, the UK prioritised the implementation through the Public Contracts Regulations 2015, which came into force on 26 February 2015 (with some exceptions).

Jenny Beresford-Jones and Sarah Hodgson consider the new rules relating to publication of procurement documents

One of the most common questions asked since the publication of the Public Contracts Regulations 2015 (PCR 2015) is: ‘Do we really need to have all the procurement documents ready “up front”?’

David Sawtell considers some key points of contract interpretation

It is trite to state that the purpose of contractual interpretation is to establish the objective intention of the parties to the contract. In what circumstances, however, should the contract be interpreted literally, which appeared to be the result in Arnold v Britton [2015]? Were different principles at work in the recent Supreme Court decision in Rainy Sky SA v Kookmin Bank [2011] where a more ‘purposive approach’ was adopted?

Stephen Wisking, Kim Dietzel and Molly Herron provide an overview of the new UK competition litigation regime

On 1 October 2015 the Consumer Rights Act 2015 (CRA 2015) came into force, putting into effect a major overhaul of the competition litigation regime in the UK.