November/December 2016 #33 – Law Journals

Remedies: Telling tales

David Williams reports on a recent judgment on misrepresentation ‘In order to establish that WZL was legally responsible, Monde had to show that WZL either actually authorised Bafel to make the representations, or by its words or conduct represented or permitted it to be represented to Monde that Bafel had that authority.’The High Court recently …

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IT: Head in the clouds and feet on the ground

Marian Ang and Dr Sam De Silva review recent guidance on cloud computing and outsourcing ‘The Cloud Guidance is non-binding in nature and intended to help regulated firms when procuring computing solutions to implement cloud services.’Cloud computing has seen huge uptake by companies across all industries over the past decade. The cloud offers possibilities for …

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Drafting: No publicity

Stephanie Rickard and Punim Anda examine a recent decision on the classification of public works contracts ‘FDL claimed that WBC’s decision to deliberately avoid having to comply with public procurement legislation was irrational as it was based on advice that it would receive a more positive response from the market by running a non-regulated tender …

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Contract: Keeping the faith

In the first of two articles, Chris Parker, Gregg Rowan and Nick Pantlin help readers to navigate obligations of good faith in commercial contracts ‘In general, a duty of good faith, whether express or implied, will not require a party entirely to subvert its own commercial interests to those of the counterparty, or to give …

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Regulation: It’s good to talk (less)

Katherine Souter considers a recent decision on the impact of Reg 72 ‘The court decided that an amendment of a contract consisting of a reduction in its scope may result in the contract being brought within reach of a greater number of economic operators.’Regulation 72 of the Public Contracts Regulations 2015 (PCR 2015) sets out …

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Project Management: All change

Simon Jones sets out a more flexible approach to outsourcing ‘The contracts which the government enters into with suppliers when services are outsourced must also be able to flex easily as new ways of doing things are developed.’ Typically, outsourcing projects take a long time to procure and deliver. This can be bad news for …

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Planning: Brownfield bonanza

Peter Kershaw identifies the key areas for public sector collaboration in maximising development and land disposal opportunities ‘We are now seeing strategic partnerships of local authorities working together across their previously traditional and restrictive political boundaries as well as individual local authorities striving to deliver major economic development schemes to transform their local economies.’Independent estimates …

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Healthcare: Digital diagnosis

Hamza Drabu and Kayleigh Hartigan outline the findings of the Wachter Review ‘Despite the momentum and quick policy response to the review, providers and investors will need to keep an eye on how funding allocations will play out and the articulation between national drivers and local implementation plans.’The long-awaited Wachter Review was published on 7 …

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Infrastructure: Back on the rails

Paul Hirst summarises the findings of the Northern Freight and Logistics Report ‘If the recommendations in the report are carried out, Transport for the North states they will bring £34.7bn of user and non-user benefits to the UK economy and £13-£20bn of wider economic benefits to the Northern economy, as well as 25,000-38,000 additional jobs …

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