November/December 2012 #9 – Law Journals

Changes In Law: Moving the goalposts

Dr Sam De Silva considers the apportionment of compliance costs Both the service provider and the customer need clarity over what needs to be done and who is in the best position to do it. Both want a fair and balanced allocation of current and future costs.’Laws often evolve during a long term outsourcing relationship, …

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Legislation: Moving service

A

Glenn Fletcher offers an overview on the European Commission’s proposals to change the application of the Procurement Directives to services contracts If enacted as drafted, the changes will bring more contracts under the full European procurement rules and this will certainly reduce the options available to purchasers for services currently subject to part B obligations.In …

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Practice: The long arm of the (common) law

John Bennett contemplates the extent to which the common law can regulate the tendering process The recent case law has, if anything, added more confusion to the implied contract argument rather than determining those circumstances where it will apply and the precise scope of the doctrine.This article outlines the development of UK common law rules …

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Employment: Taking responsibility

David Sawtell examines liability for third parties in contracts for services Relying on this case, it will be easier for claimants to argue that a parent company should be liable for the acts or omissions of its subsidiary.A company usually accepts that it owes a duty of care to its own employees, and that it …

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Practice: A challenging right

Al Goodwin discusses the impact of the Community Right to Challenge under the Localism Act 2011 For relevant authorities the key message is to be proactive, thus taking as much control of the process as possible.Wednesday, 27 June 2012: Wimbledon is in full swing, with Heather Watson becoming the first British woman to make it …

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Contract: The only way is up?

Siobhan Jones and Clare Arthurs assess the lessons to be learned from Scottish Widows v BGC International The courts cannot rewrite contracts simply because the parties failed to consider a particular eventuality or to provide for a particular circumstance, such as a falling rather than rising rental market.There is no such thing as the perfect …

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Update: Pen pushing

Jack Hayward reports on recent unrest in the procurement arena In the Commission’s view, these provisions go beyond the exhaustive catalogue of acceptable grounds for exclusion for reasons relating to the professional qualities of a contractorReaders may remember my comments in the last edition about the G4S shambles at the Olympics. Hot on the heels …

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Tendering: Train of (Virgin) thought

Peter Jansen reviews the remedies arising from errors in tender assessments EU Directive 2004/18/EC requires authorities in awarding contracts to ‘treat economic operators equally and non-discriminatorily and shall act in a transparent way’. This is enacted in English law by reg 4(1) of The Public Contracts Regulations 2006.The recent threat of judicial review on the …

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