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Gwendoline Davies and Malcolm Simpson look at jurisdiction and the liability of parent companies for international subsidiaries ‘In order to proceed with a claim in the UK, the claimants in Lungowe and Okpabi had to establish that the UK parent companies were liable in tort for the acts or omissions of their international subsidiaries.’ The …
Continue reading "Contracting: Parenting problems"
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Helen Pearce and Sam Cave-Browne-Cave provide clarification on liquidated damages and the scope of final accounts ‘The judge stated that the contract “could not be clearer” in allowing Aker to dispute any payment made under it and that the memorandum of understanding had not altered its meaning.’ The Technology and Construction Court has concluded that …
Continue reading "Damages: We are (nearly) sailing"
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Patrick Parkin interrogates recent Crown Commercial Service guidance ‘These measures are another example of the CCS using public procurement to drive broad policy agendas. In this case, the aim is to improve market access to public contracts for SMEs’. On 10 April 2018 the Crown Commercial Service (CCS) issued a procurement policy note entitled Supply …
Continue reading "Supply chain: Spreading the word"
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Chris Hoyle reflects on effective contract management ‘Good contract management is not only concerned with ensuring value for money, it’s also about ensuring the right performance outcomes.’ When delivering a speech in 1942 at London’s Mansion House, just after the British routed Rommel’s forces at Alamein, driving German troops out of Egypt and marking a …
Continue reading "Practice: Begin the beguine"
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Peter Kershaw answers some key questions on battery storage ‘There is a diverse range of potential opportunities emerging for landowners due to the low and expected continued falling costs of battery storage technology.’ This article explores emerging development opportunities around electricity and focuses on the benefits and risks of battery storage or short-term operating reserve …
Continue reading "Energy: Be ever ready"
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Claire Williams summarises the latest government response to the Cybersecurity Directive ‘The possibility that multiple competent authorities may all have jurisdiction to respond to a breach is acknowledged and accepted by the government.’ The government has now published a response to its consultation on the Network and Information Security Directive (also known as the Cybersecurity …
Continue reading "Technology: In a galaxy far far away"
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Jeremy Glover examines the recoverability of overheads and profits as part of a damages claim ‘A contractor must show that, had it not been for the breach of contract, its labour force would otherwise have been profitably employed on other work, thereby making a contribution to the contractor’s fixed overheads.’ The judgment in Fluor v …
Continue reading "Remedies: Perilous profits"
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Alexandra Holsgrove Jones and Katherine Evans report on the recent amendment to the indexation provisions of the CIL Regulations ‘The original CIL Regulations did not deal with the situation where a planning permission was granted before the introduction of a CIL charging schedule, and a change was then made to that planning permission under s73 …
Continue reading "Planning: Illusive indexes"
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Duncan Dallas sets out the new procurement thresholds ‘The calculation of the estimated value of a procurement shall be based on the total amount payable, net of VAT, as estimated by the contracting authority.’ The European Commission’s new financial thresholds for public procurement have applied from 1 January 2018 and will be in place until …
Continue reading "Legislation: Going public"
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Ian Tucker, Chris Jackson and John Houlden discuss the position of preferred bidders in procurement challenges ‘One question for the court was whether in these circumstances, where Stadler had not attended court, a third-party preferred bidder should be ordered to pay the costs for the application.‘ Preferred bidders in public procurement may find themselves sidelined …
Continue reading "Bidding: Careful choices"
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