November/December 2017 #39 – Law Journals

Update: Sign of the times

Jorren Knibbe concludes his review of some noteworthy decisions of the UK and European courts ‘It is not clear from the EU procurement Directives how they are intended to operate where a technical specification is discriminatory but can be justified. In those circumstances, the result under the Directives and under Art 34 ought to be …

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Variations: A slip of the tongue

Sapna Garg reports on developments in the oral amendment of contracts ‘Parties to agreements should now be acutely conscious that informal communications could amount to a valid, enforceable variation of the original agreements entered into even if they are not documented or signed.’ A noteworthy trend at both High Court and Court of Appeal level …

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Practice: Pride, prejudice and procurement

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Chris Hoyle highlights the practice of preliminary market consultations ‘A general market invitation, perhaps in the form of a prior information notice, followed up by a group consultation is potentially less capable of distorting competition than one-to-one discussions.’ It is a truth universally acknowledged, that a public-sector body in possession of a good budget must …

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Energy: Ever ready for the future

Nathan Curtis, Dan Ballard and Ed Hobbs outline the key factors in relation to financing battery storage projects ‘Lenders and borrowers need to ensure that they are aware of the large number of proposed changes which may affect battery projects and the impact of those changes on anticipated revenues.’ Based on our experience working on …

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UK Infrastructure: A strong and stable future?

James Parker and Clare Eccles consider the future of infrastructure planning ‘Since 2015 information released by the government on infrastructure planning in the UK has markedly diminished.’ The 2010-15 Conservative-Liberal Democrat coalition government presided over what, in hindsight, could be heralded a ‘golden era’ for infrastructure planning in the UK. Helmed by Prime Minister David …

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Confidentiality: Cards on the table

Kerri Crossen, Jean-Anne Young and Patrick Kane examine confidentiality in Irish public procurement proceedings ‘While contracting authorities may be eager to disclose information in order to begin the 30-day period to bring a challenge to a tender process, they should at all times bear in mind their obligations under Reg 21 of the 2016 Regulations …

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Procedure: Tell me more

Fran Mussellwhite explores the principles behind the submission of supplementary information after the deadline for bid submissions ‘Negotiation between a contracting authority and a bidder during a procurement is prohibited and as a general rule, a bid cannot be amended after it has been submitted.’ A series of recent European cases have focused on the …

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Contracting: Regular supplies

Melanie Pears and Tim Care take a look at the recently published Supplier Code of Conduct ‘Suppliers must treat subcontractors fairly; they must not pass unreasonable levels of risk to the subcontractors who cannot reasonably be expected to manage or carry those risks.’ The Supplier Code of Conduct has been introduced by the government with …

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