American Cyanamid: You cannot be serious – John McEnroe, quantum physics and public procurement

James Neill and Chris Hoyle provide a commercial litigator’s guide to the suspension of the award of a public contract ‘This article focuses on one distinctive feature of the current public procurement regime, namely the remedy of an automatic suspension to the award of a public contract.’ Separated by only five years, there is a …
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Confidential Information: Lessons from a failed injunction

A recent case contains important guidance on drafting restrictive covenants, applying for springboard injunctions, handing over emails and complying with procedural rules, explain Rebecca McGuirk and Anna Scott ‘It is not possible for an employer to impose a covenant just because it does not want an ex-employee to compete with it.’In Capita plc v Darch …
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American Cyanamid: Money isn’t everything

Emily Heard weighs up the adequacy of damages and the lifting of the automatic suspension when profit is not the only consideration ‘The circumstances in which damages will be an adequate remedy for non-profit-making suppliers is a key issue on which there appears to be a divergence of judicial opinion.’In the recent High Court procurement …
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Industrial Action: Government may challenge strike’s validity

Paul McFarlane and Louise Singh comment on the education secretary’s recent attempt to have proposed industrial action ruled unlawful ‘Courts may be willing to consider interventions by a secretary of state, who is not the employer, where they find this to be in the public interest.’ In The Secretary of State for Education v National …
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Injunctions: Holding the balance

David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …
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Practice: In suspense

John Houlden and Richard Binns report on Edenred ‘The English courts are now perhaps more willing to maintain automatic suspensions than they have been in the past, particularly if there is a swift expedited trial, providing more balance to potential challengers.’The English High Court has stayed another contract award, perhaps indicating an increased willingness to …
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Dispute Resolution: Time, tide and procurement

Helen Prandy charts the rise and fall of English common law principles in procurement challenges ‘Certainly those urging the English courts not to lift an automatic suspension relied heavily on the wording of the Remedies Directive and the OCS case.’All in all, 2014 was an interesting year for those involved in procurement disputes, with several …
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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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Landlord Repairs And Quiet Enjoyment: Parity not priority is Paramount

Nikolas Ireland analyses a case requiring the court to balance the competing interests of the parties to a lease ‘While the focus of the court was on the application for injunctive relief, one eye was firmly on the bigger picture and whether the covenant of quiet enjoyment would be breached by the landlord’s proposed method …
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Injunctions: Remedial work

Jeremy Glover reviews recent case law on interim injunctions ‘The primary commercial expectation must be that the parties will perform their obligations. The expectations created by an exclusion or limitation clause are expectations about what damages will be recoverable in the event of breach, something rather different.’ In the case of AB v CD [2014], …
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