November/December 2015 #27 – Law Journals

Planning: Timely challenge

Victoria Hutton outlines changes to the statutory challenge of planning decisions and orders ‘The most significant amendment brought into force… will be the inclusion of a permission stage in [certain] types of statutory challenge.’Those involved in procurement for development projects would be wise to take heed of certain legislative amendments to statutory challenges of planning …

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Contract: Clear skies? Comparing Arnold v Britton to Rainy Sky SA v Kookmin Bank

David Sawtell considers some key points of contract interpretation ‘Much of the difference between the decisions in Rainy Sky and Arnold is explained by the ambiguity of the disputed term in the former decision and the clarity of the clause under review in the latter.’ It is trite to state that the purpose of contractual …

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Infrastructure: Two by two

James Parker reviews the second UK ‘business and commercial’ DCO project ‘The government consulted on extending the regime to allow for business and commercial (B&C) schemes to be consented by development consent order (DCO). Following that consultation, the regime was extended to allow such schemes to be consented by DCO.’How the UK plans and delivers …

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Negotiation: Cards on the table

Simon Lewis examines the duty of good faith in commercial contracts ‘The implication of a general duty of good faith is unlikely to arise where the contract under consideration is detailed, leaving relatively little scope or need for the implication of terms not already covered by existing contractual obligations.’English contract law does not like the …

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Bribery: Born again

Louise Mansfield reports on convicted suppliers ‘self-cleaning’ previous bad behaviour ‘Suppliers previously excluded from public procurement for bad practice (including but not limited to corruption) will be able to “self-clean” – ie their exclusion will be brought to an end, if they can prove they have sufficiently remediated.’The Public Contracts Directive 2014/24/EC (the 2014 Directive), …

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Competition: Challenging business

Stephen Wisking, Kim Dietzel and Molly Herron provide an overview of the new UK competition litigation regime ‘The UK has become firmly established as one of the most active jurisdictions in Europe for the private enforcement of competition law, and is regarded as a key venue of choice for “follow-on” damages claims based on EU …

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Regulation: Publish and be damned

Jenny Beresford-Jones and Sarah Hodgson consider the new rules relating to publication of procurement documents ‘The Crown Commercial Service (CCS) guidance is helpful to contracting authorities and reflects what a number of commentators in the field have been suggesting on this point.’One of the most common questions asked since the publication of the Public Contracts …

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