May/June 2015 #24 – Law Journals

Tendering: How low can you go!

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 …

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Policy: In sickness and in health

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 …

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Termination: Happy endings

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 …

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Legislation: The cheque’s in the post

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 …

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Contract Performance: Setting the standard

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 …

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Practice: Evaluate Greeks bearing gifts

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 …

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International: Keeping up with the neighbours

Kelly Friedman considers the importance of international standards from a Canadian perspective ‘Once published, International Organization for Standardization (ISO) standards are voluntary and are specifically not intended to contradict or supersede local jurisdictional laws and regulations.’International standards foster international trade. They provide a worldwide baseline for quality, safety and/or efficiency for products, services and systems. …

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