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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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John Bosworth summarises changes to permitted developments and a further blow to launderette users ‘The Amending Order additionally brings in a new temporary right to change a building in light industrial use to C3 dwellinghouses.’From 6 April 2016, amendments are made to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015). …
Continue reading "Planning: Clean living"
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Emily Heard questions whether updated procurement rules to support Britain’s steel industry have changed anything ‘It is unlawful to favour one operator over another just because it is from a home state. The government’s announcement of 3 April does not change this.’ On 3 April 2016, the government announced ‘new measures’ that it said would …
Continue reading "EU Regulation: Steel yourself"
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Jonathan Bower and Richard Guyatt report on the White Rose carbon capture project ‘The relevance of the Secretary of State (SoS)’s decision to the wider infrastructure consenting regime is the importance given by the SoS to funding in the application process where compulsory acquisition powers are engaged.’The recent decision by the Secretary of State (SoS) …
Continue reading "Energy: A rose by any other name"
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In the first of a two-part analysis, Dr Sam De Silva looks at the use of the outsourcing contract to manage security risks ‘The number of users with access to the system increases when a customer’s functions are outsourced to a third party. This in turn can increase the likelihood of the system being breached.’The …
Continue reading "IT: Secure services"
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Clare Auty and Doris Woo examine the application of penalty clauses in procurement contracts ‘Although the penalty rule still stands, it is clear… that establishing a valid legitimate interest is effectively a trump card for allowing a broad spectrum of financial remedies in properly negotiated contracts.’The use of liquidated damages clauses and service credits, such …
Continue reading "Contracting: Limiting the damage"
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Peter Kershaw pinpoints the arrival of a new era for major development opportunities ‘The strengthening of the government’s narrative towards public sector land sales suggests that this could well be a watershed moment of opportunity for any investor, developer or public sector land owner.’A key point I often find myself stressing in discussions with anybody …
Continue reading "Planning: A public estate"
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Matthew Collingwood-Cooper and Mike Trodden look at the operation of pay less notices in construction contracts ‘A paying party who has failed to issue a pay less notice is left with some uncertainty as to when it is entitled to challenge the valuation of an interim account.’In Harding v Paice [2015], the Court of Appeal …
Continue reading "Construction: Pay now argue later"
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Mark Lynch considers the problems underlying the housing shortage ‘The government is, in effect, taking on the challenge of being a residential developer – that is no easy feat, and requires a skilled and well-resourced client-side workforce.’Headlines focus on the emotive issue of hard-working families being unable to afford their own homes, and the government’s …
Continue reading "Housing: A new home for skills"
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Neil Mirchandani and Alice Jowitt report on the role of mediation across the EU ‘Implementation of the Mediation Directive required bigger changes in some member states than in others. This is not surprising, given that there are major differences between member states in terms of how disputes are resolved.’The Mediation Directive (2008/52/EC, the Directive) is …
Continue reading "Mediation: Peace, love and (some) understanding"
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