Update: The best of times, the worst of times

In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …
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Termination: Happy endings

Graeme Young and Maria Ziprani assess the impact of the Public Contracts Regulations 2015 on variation and termination rights ‘Increasingly, Pressetext type issues are leading to disputes and litigation, where judges in the High Court arrive at opposite conclusions applying the Pressetext test to the facts before them.’Until recently, discussions on contract variations between contractors …
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Development Agreements: When is a variation caught by procurement law?

Hannah Kramer reports on a case that has highlighted the risk of a new public procurement exercise having to be carried out in the event of a ‘material’ variation to an agreement ‘The Silver Hill decision does not in itself establish any new principles, but reaffirms existing case law that public works contracts and concession …
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