March/April 2014 #17 – Law Journals

Guarantees: Getting off the hook

David Sawtell considers recent case law on guarantees ‘A surety is discharged if the creditor agrees with the principal debtor to vary the terms of the contract agreed unless it is self-evident that the variation is unsubstantial or one which cannot be prejudicial to the guarantor.’Guarantees play an important role in commercial agreements, allowing parties …

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Contracting: Showing the red card

Jack O’Farrell analyses the implications of a recent decision on penalty clauses ‘The underlying rationale of the doctrine of penalties is that the court will grant relief against the enforcement of provisions for payment in the event of breach, where the amount to be paid or lost is out of all proportion to the loss …

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EU Reform: Putting MEAT on the bones

Alistair Maughan reports on the overhaul of the EU public contract procurement regime ‘The Commission believes that there is a great need for contracting authorities to have additional flexibility to choose procurement procedures that allow for negotiations.’On 11 February 2014, the EU took the final step in its latest overhaul of its public procurement regime. …

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Legislation: Sword of Damocles

Nicholas Greenwood , Kevin Robinson and Richard Ellison examine the use of deferred prosecution agreements in corporate bribery, fraud, and other economic crimes ‘It is clear that DPAs, if utilised properly, could potentially have a significant effect on the enforcement of economic crime, particularly if they prove to be an adequate incentive in practice for …

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Supply Chains: Weak links

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Adrian Chamberlain warns of the risks in poor supply chain visibility ‘Centralising supplier data within global communities and on behalf of global industries creates the visibility needed to mitigate supply chain risk.’In the absence of accurate global data on suppliers, buyers are exhibiting ‘blind faith’ in lower tiers of their supply chain. Poor visibility at …

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Infrastructure: NIP and tuck

Marc Fèvre reviews the recently published national infrastructure plan ‘The NIP has consolidated piecemeal infrastructure policies and projects into a coherent long-term plan. It has been well received as providing certainty as to priorities and opportunities.’The UK government published its fourth national infrastructure plan (NIP) on 4 December 2013, announcing its spending plan for the …

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Procedure: Open government

John Houlden and Brendan Ryan discuss information sharing in government procurement exercises ‘It goes without saying that the PPN’s potential to generate cost savings and ensure better contractual compliance will be welcome news for procurement managers and taxpayers alike, and it is to be hoped that the rules are accompanied by sensible safeguards to manage …

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