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Miles Robinson and Zahra Rose Khawaja examine the need for airtight termination clauses to safeguard claims for damages ‘This is an important reminder to businesses in the procurement and outsourcing profession to pay close attention to the drafting of termination notices, and to factor in their common law termination rights in addition to the termination …
Continue reading "Contract: No damages 4u"
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Chris Murray and Stuart Cairns report on a recent decision supporting an automatic suspension ‘The judge highlighted the trusts‘ position as an incumbent provider and recognised that losing the contract would have a significant impact not only on the staff but also on healthcare services more generally.‘ In Lancashire Care NHS Foundation Trust v Lancashire …
Continue reading "Healthcare: Competing authorities"
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James Farrell and Sophie Jones explore the lessons to be learned from a recent case on liability caps ‘Although the court will consider commercial common sense and the surrounding circumstances, its focus is first and foremost on the language used. The language used is something that contracting parties have control over, and they should exercise …
Continue reading "Drafting: If the cap fits"
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Richard Hiscoke, Judith Barnes and Claire Booth review the use of limited liability partnerships ‘Using an LLP as a joint venture vehicle was held to be lawful where a local authority‘s primary purpose was to better manage its land and deliver housing and regeneration (ie non-commercial purposes) even where there was a commercial element.’ /> …
Continue reading "Development: The company you keep"
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Ian Tucker, Chris Jackson and John Houlden discuss the position of preferred bidders in procurement challenges ‘One question for the court was whether in these circumstances, where Stadler had not attended court, a third-party preferred bidder should be ordered to pay the costs for the application.‘ Preferred bidders in public procurement may find themselves sidelined …
Continue reading "Bidding: Careful choices"
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Sarah Brooke analyses grass-roots research into accountable care ‘What was striking at the May event was the enthusiasm among participants for the original objectives behind accountable care models introduced by the “Five Year Forward View“.‘ The words ‘accountable care‘ have become synonymous with problems and concerns. The latest ‘pause‘ announced to address concerns will do …
Continue reading "Infrastructure: Who cares?"
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Chris Hoyle reflects on some practical procurement problems ‘A procurement is not normally part of most people‘s day jobs. That‘s why it‘s all too easy to forget the impending expiry of a contract.‘ If I were to be asked, what are the three most common types of ad hoc situations faced by a procurement officer, …
Continue reading "Practice: Ways and means"
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Stephen Sellers considers the current outlook for public procurement after Brexit ‘The most straightforward way of achieving a transition period is to extend the Art 50 period for withdrawal and defer exit day beyond 29 March 2019.‘ The second reading of the Trade Bill took place on 9 January 2018. The Bill provides powers for …
Continue reading "Brexit: The long and winding road"
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Gwendoline Davies looks at the courts’ changing approach to interpretation of exclusion clauses ‘The Unfair Contract Terms Act (UCTA) can determine the enforceability of clauses which seek to restrict or exclude business liability in some commercial contracts, including the majority of supply contracts.’ The interpretation of exclusion clauses in commercial contracts has continued to prompt …
Continue reading "Contract: Including exclusion"
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Katherine Souter assesses the status of an award of damages for breach of the public procurement rules ‘What needs to happen fairly soon is for another case to come before the UKSC, which is referred to the CJEU for clarification, so that we have legal clarity on this issue before the UK leaves the CJEU’s …
Continue reading "Remedies: Disappearing damages?"
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