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Construction: Building for change

Kat Souter explores the implications for the construction industry of the new procurement directive ‘The government wants to continue to grow UK plc and SMEs need access to public spending in order to gain experience and grow.’The new EU directive on public procurement came into force on 17 April 2014 (the directive). Member states have …
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Public Sector Mutuals: Power to the people

Joanna Bussell examines the legal and practical issues in the establishment of public sector mutuals ‘PSMs are defined by the Cabinet Office as “an organisation that has spun out of the public sector but continues to deliver public sector services. Employees, who know their service best, play a significant role in their operation.”’The proposal to …
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Tendering: Counting the cost

Aidan Steensma considers claims for loss of profit by unsuccessful tenderers and whether termination for convenience clauses limit this liability ‘Parties will need to await further decisions and possibly authoritative guidance from the Court of Appeal to understand the full effect of termination for convenience clauses on claims for loss of profit.’A recent decision of …
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Update: Playing by the rules

Deborah Ramshaw and Emma Dewar outline two recent cases of note for practitioners ‘In applying the American Cyanamid principles, the court concluded that there was a serious issue to be tried, damages would not be an adequate remedy, and the balance of convenience lay in favour of not lifting the suspension.’October 2014 has seen two …
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Legislation: The highest form of flattery?

Peter Elliott, Vicky Moorcroft and Joe Ward consider how the UK will implement the new public procurement directive ‘This article identifies some of the key choices that the Cabinet Office will have to make and seeks to identify its likely approach.’The new public procurement directive (Directive 2014/24) came into force in April 2014. Championed by …
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Outsourcing: The end of the road?

Julian Yew and Charlotte Mortlock review the impact of recent regulatory changes to the TUPE regime and suggest practical HR strategies for commercial outsourcing ‘Where there are key employees who are integral to the service, it is important to ensure that they transfer to the supplier at the outset, so that the quality of the …
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Health And Safety: Cape of good hope

David Sawtell examines when a parent company may be liable in tort for the health and safety of the employees of its subsidiaries ‘The Court of Appeal made it very clear that merely because a parent company had appointed an individual as director of its subsidiary company with responsibility for health and safety matters did …
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Environment: Green goals

Sarah Holmes looks at recent revisions to the environmental impact assessment directive ‘The revised EIA directive specifies the minimum requirements that EIA regimes in member states, including the UK, must meet by 16 May 2017. Any member state can impose more stringent requirements.’Assessment of the likely significant environmental effects of certain public and private projects …
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Infrastructure: Planning ahead

Caroline Bywater and Jack Robinson provide an overview of the community infrastructure levy ‘Each authority must decide whether to charge the community infrastructure levy (CIL), bearing in mind the restriction on the use of section 106 and section 278 obligations.’Part 11 of the Planning Act 2008, which introduced the community infrastructure levy (CIL), tells us …
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Local Government: Mutual benefit: the future for local government services?

Simon Randall and Joanna Bussell outline the development in public sector mutuals for the delivery of local government services ‘There are a number of hurdles that any group of employees wishing to create a public sector mutual needs to bear in mind.’Public sector mutuals (PSMs) have been defined by the Cabinet Office as: … an …
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