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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 ‘Customers should seek specialist advice to ensure that the security standard(s) referred to in their contract are relevant and appropriate for their outsourcing (and should not just rely on the …
Continue reading "IT: Better safe than sorry"
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Crispin Rapinet and Khushaal Ved examine the here and now of enhanced UK efforts to make anti-bribery and corruption compliance the norm ‘Compliance policies may appear as a headache, but the consequences of failing to comply can lead to multimillion-pound fines, criminal convictions, a plummeting share price and potentially irreversible reputational damage.’Anti-bribery and corruption efforts …
Continue reading "Compliance: Quis custodiet ipsos custodes?"
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Jeremy Farr and Shawn Kirby discuss the interpretation of a consequential loss clause ‘The correct starting point of interpretation of the clause was with the natural and ordinary meaning of the language chosen by the parties to give effect to their intent.’ In a decision with potentially far-reaching implications for commercial parties generally and the …
Continue reading "Damages: Of little consequence"
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Craig Bennett considers a recent Court of Appeal decision on the oral variation of contracts ‘The Court of Appeal has stated that, where a contract contains a provision which prohibits oral variations and only permits variations when they are in writing, this can be overridden if the parties so wish.’Many contracts, including PFI project agreements, …
Continue reading "Contract: Word of mouth"
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Chris Syder looks at the potential impact of the Modern Slavery Act ‘As a minimum, the Modern Slavery Act has led to consideration of existing business practices and whether these may influence and create a modern slavery risk.’The UK’s Modern Slavery Act 2015 (the Act) not only sets out stronger criminal sanctions against those who …
Continue reading "Modern Slavery Act: Transparency key"
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Nigel Howorth and Michael Coxall report on significant planning reforms ‘The Housing and Planning Act 2016 contains a wide range of planning reforms, many of which are aimed at speeding up the development of new housing stock.’The Housing and Planning Act 2016 (the Act) has received Royal Assent. It provides framework powers for a number …
Continue reading "Housing: All I want is a room somewhere"
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John Doherty and Richard Reeve-Young explore the vexed question of legal professional privilege in the context of increasing regulation ‘Practitioners must carefully consider the identity of the individuals employed by their client company in order to ensure that advice given falls within the remit of legal advice privilege (LAP) and attracts the necessary protection from …
Continue reading "Regulation: Safe passage"
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Edward Bennett assesses the value of SIAM and multi-sourcing in 2016 ‘Exponents of SIAM will be quick to show how greater efficiencies can be delivered through the use of a service integrator and elimination of points of weakness, enabling greater savings through removal of the “margin-on-margin” inherent in a prime contractor/ sub-contractor structure.’In an economic …
Continue reading "Technology: Inscrutable solutions"
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Paul Smith examines the National Infrastructure Delivery Plan ‘Breaking down the planned investment by sector, it is apparent that the government’s concentrations in respect of economic infrastructure remain energy and transport.’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 …
Continue reading "Infrastructure: The best-laid plans"
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John Houlden and Adrian Martin consider the handling of TUPE in procurement documents ‘With employees and trade unions increasingly prepared to challenge deficient TUPE consultations, it is something which businesses can ill afford to ignore.’A bid team treads a delicate line when it seeks to present a confident and apparently certain solution to a purchaser’s …
Continue reading "Employment: TUPE or not TUPE?"
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