November/December 2014 #21 – Law Journals

Tendering: Counting the cost

Aidan Steensma considers claims for loss of profit by unsuccessful tenderers and whether termination for convenience clauses limit this liability ‘Parties will need to await further decisions and possibly authoritative guidance from the Court of Appeal to understand the full effect of termination for convenience clauses on claims for loss of profit.’A recent decision of …

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Update: Playing by the rules

Deborah Ramshaw and Emma Dewar outline two recent cases of note for practitioners ‘In applying the American Cyanamid principles, the court concluded that there was a serious issue to be tried, damages would not be an adequate remedy, and the balance of convenience lay in favour of not lifting the suspension.’October 2014 has seen two …

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Intellectual Property: Mind over matter

Sam De Silva reviews the options for intellectual property ownership in outsourcing contracts ‘Service providers often highlight that, in most cases, the customer is not actually “paying for it” – the customer is in practice paying for the service provider’s people’s time, skill and experience, but not a product or the right to cut the …

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Projects: Risky business

Meg Utterback offers an overview of managing risk and avoiding disputes in global infrastructure projects ‘Host country due diligence is the most valuable investment a foreign contractor can make to mitigate risk and avoid disputes.’The risks faced by investors, owners and contractors on large infrastructure projects in Asia, South America, Africa and other developing nations …

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Competition Law: Double trouble

Matthew Hall reports on the expansion of competition law litigation in the EU ‘Damages cases and settlements of damages claims are just one facet of this evolving story. There have been several court cases in the UK which demonstrate the breadth of competition law arguments available to parties.’Each time the European Commission (EC) hands down …

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Construction: Building for change

Kat Souter explores the implications for the construction industry of the new procurement directive ‘The government wants to continue to grow UK plc and SMEs need access to public spending in order to gain experience and grow.’The new EU directive on public procurement came into force on 17 April 2014 (the directive). Member states have …

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Public Sector Mutuals: Power to the people

Joanna Bussell examines the legal and practical issues in the establishment of public sector mutuals ‘PSMs are defined by the Cabinet Office as “an organisation that has spun out of the public sector but continues to deliver public sector services. Employees, who know their service best, play a significant role in their operation.”’The proposal to …

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