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David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …
Continue reading "Injunctions: Holding the balance"
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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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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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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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Mark Lewis assesses a recent case of difficult drafting ‘All parties should consider carefully whether a termination clause contains clear steps and timelines which will be practical and fair for the parties to implement.’In BT Cornwall Ltd v Cornwall Council [2015], the High Court has ruled that Cornwall Council and others were entitled to terminate …
Continue reading "Outsourcing: It’s good to write"
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Ian Green and James Hall analyse the implications of the Spending Review and Autumn Statement 2015 for housing ‘The government has signalled its commitment to long-term housing investment and the building of new homes appears to remain at the core of government policy.’George Osborne’s Spending Review and Autumn Statement 2015 promises to double the housing …
Continue reading "Infrastructure: Bob can build it"
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Dr Sam De Silva highlights the merits of a key commercial principles document ‘The aim of a key commercial principles document should be to establish enough agreement between the parties to move into the latter stages of deal shaping.’Given the complexity of strategic outsourcing contracts, once the parties have reached agreement on principle deal points, …
Continue reading "Negotiation: Standing on principles"
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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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