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Dr Sam De Silva analyses managing legal risks within the supply chain ‘Consideration must be given on a case-by-case basis as to whether a service provider should be permitted to enter into subcontracts, and if so, the terms, conditions and restrictions which will apply to such a right.’In a typical outsourcing arrangement, a customer will …
Continue reading "Supply Chain: Too many cooks"
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Bridgette Wilcox and Paul Pugh investigate the next steps for the mutualisation agenda ‘The flexibility afforded to contracting authorities who wish to restrict the type of organisation eligible to bid has the potential of providing a greater chance of success to their mutuals.’With the dust settling after the recent general election, it is possible to …
Continue reading "Mutualisation: Mutual benefit"
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Jenny Beresford-Jones summarises the implications of the Small Business, Enterprise and Employment Act 2015 for procurement ‘New regulations under the Small Business, Enterprise and Employment Act 2015 look set to go beyond anything required at EU level.’It is now several months since the Public Contracts Regulations 2015 (PCR 2015) came into force, implementing the new …
Continue reading "Litigation: The devil in the detail"
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Chris Bryden, Agata Patyna and Matthew Shaw evaluate a recent Supreme Court decision dealing with the interpretation of contracts ‘The High Court agreed with the buyers’ interpretation, but the Court of Appeal overturned it and entered summary judgment in favour of the respondent bank.’ When dismissing the appeal of the lessees in the Court of …
Continue reading "Update: Caravan parks and rainy days"
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Lisa Boyd examines the Public Contracts Regulations 2015 in relation to abnormally low tenders ‘Under the old Regulations, an authority had the power to investigate tenders which had been identified as abnormally low, whereas under the new Regulations the authority is required to seek an explanation before it considers whether a tender is abnormally low.’Most …
Continue reading "Tendering: How low can you go!"
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Dr Jock Mackenzie outlines the lessons to be learned from Hinchingbrooke Hospital ‘Until both the public and private health sectors truly come to terms with what is actually required to minimise avoidable injuries… there will remain an important role for clinical negligence litigation.’Tuesday 31 March 2015 saw the official end to the first private company …
Continue reading "Policy: In sickness and in health"
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Graeme Young and Maria Ziprani assess the impact of the Public Contracts Regulations 2015 on variation and termination rights ‘Increasingly, Pressetext type issues are leading to disputes and litigation, where judges in the High Court arrive at opposite conclusions applying the Pressetext test to the facts before them.’Until recently, discussions on contract variations between contractors …
Continue reading "Termination: Happy endings"
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Katherine Souter reports on Reg 113 of the Public Contracts Regulations 2015 and the payment of undisputed invoices by contracting authorities, contractors and sub-contractors ‘Contracting authorities will be required as of March 2016 to annually publish performance data on the internet to demonstrate their performance in paying invoices within 30 days over the foregoing financial …
Continue reading "Legislation: The cheque’s in the post"
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In the conclusion to a two-part consideration, Dr Sam De Silva looks at the different types of service levels and the consequences of failing to meet them ‘While defining and establishing appropriate service levels is largely a business function, legal advisors have a role in providing critical input into the language.’Part one of this article …
Continue reading "Contract Performance: Setting the standard"
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Victoria Moorcroft analyses the evaluation of capacity after Lianakis ‘These new procurement regulations come into force for all contract award procedures started on or after 26 February 2015, and they too recognise that in certain circumstances, the experience of the team put forward can be evaluated at the award stage.’It is now nearly ten years …
Continue reading "Practice: Evaluate Greeks bearing gifts"
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