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James Parker and Clare Eccles consider the future of infrastructure planning ‘Since 2015 information released by the government on infrastructure planning in the UK has markedly diminished.’ The 2010-15 Conservative-Liberal Democrat coalition government presided over what, in hindsight, could be heralded a ‘golden era’ for infrastructure planning in the UK. Helmed by Prime Minister David …
Continue reading "UK Infrastructure: A strong and stable future?"
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Kerri Crossen, Jean-Anne Young and Patrick Kane examine confidentiality in Irish public procurement proceedings ‘While contracting authorities may be eager to disclose information in order to begin the 30-day period to bring a challenge to a tender process, they should at all times bear in mind their obligations under Reg 21 of the 2016 Regulations …
Continue reading "Confidentiality: Cards on the table"
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Fran Mussellwhite explores the principles behind the submission of supplementary information after the deadline for bid submissions ‘Negotiation between a contracting authority and a bidder during a procurement is prohibited and as a general rule, a bid cannot be amended after it has been submitted.’ A series of recent European cases have focused on the …
Continue reading "Procedure: Tell me more"
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Richard Hough examines the procurement law issues involved in changing a public contract ‘If the proposed change is a “material” one, it is possible that the amended contract could be considered to be a new contract and, if not procured under the Regulations, the authority could be challenged for being in breach of the Regulations.’ …
Continue reading "Practice: Making changes to public contracts"
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Claire King analyses recent judicial trends in the contractual interpretation of construction contracts ‘What has sometimes been used as a “get out of jail card” (ie arguing business common sense to escape an otherwise harsh result) is going to be an increasingly hard card to use in the future.’ The key to resolving disputes is …
Continue reading "Construction: Brick by brick"
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Richard Booth reports on a recent Supreme Court judgment highlighting the need for clarity of drafting ‘The case provides categorical confirmation that an obligation to carry out and complete works without defects such that they are fit for purpose cannot be avoided on the basis the employer specified a particular item or design.’ The Supreme …
Continue reading "Contract: A fitting judgment"
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Peter Kershaw outlines recent proposals addressing energy storage ‘Energy storage, especially from new battery storage technology, can potentially provide landowners on constrained sites with a new opportunity to maximise the potential of their land.’ Local authorities, hospitals, universities, charities, large businesses and farms are just some of the organisations placing themselves on immediate standby to …
Continue reading "Energy: Power to the people"
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Graeme Young highlights the revised rules for procurement challenges in England and Wales ‘The note strongly suggests that the court will be minded to allow specific and early disclosure ahead of any lifting hearing provided there is some prima facie concern with the process and the documents requested can reasonably be viewed as relevant.’ The …
Continue reading "Procedure: Taking notes"
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In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …
Continue reading "Update: The best of times, the worst of times"
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Lisa Boyd looks at the question of confidentiality and disclosure in the light of the recent TCC guidance note ‘The guidance note suggests that confidential information should be in a self-contained schedule or annex and that any confidential information served electronically should be further protected by way of passwords etc.’ On 17 July 2017, the …
Continue reading "Disclosure: Hidden in plain sight"
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