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Contracting: Parenting problems

Gwendoline Davies and Malcolm Simpson look at jurisdiction and the liability of parent companies for international subsidiaries ‘In order to proceed with a claim in the UK, the claimants in Lungowe and Okpabi had to establish that the UK parent companies were liable in tort for the acts or omissions of their international subsidiaries.’ The …
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Damages: We are (nearly) sailing

Helen Pearce and Sam Cave-Browne-Cave provide clarification on liquidated damages and the scope of final accounts ‘The judge stated that the contract “could not be clearer” in allowing Aker to dispute any payment made under it and that the memorandum of understanding had not altered its meaning.’ The Technology and Construction Court has concluded that …
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Supply chain: Spreading the word

Patrick Parkin interrogates recent Crown Commercial Service guidance ‘These measures are another example of the CCS using public procurement to drive broad policy agendas. In this case, the aim is to improve market access to public contracts for SMEs’. On 10 April 2018 the Crown Commercial Service (CCS) issued a procurement policy note entitled Supply …
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Practice: Begin the beguine

Chris Hoyle reflects on effective contract management ‘Good contract management is not only concerned with ensuring value for money, it’s also about ensuring the right performance outcomes.’ When delivering a speech in 1942 at London’s Mansion House, just after the British routed Rommel’s forces at Alamein, driving German troops out of Egypt and marking a …
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Energy: Be ever ready

Peter Kershaw answers some key questions on battery storage ‘There is a diverse range of potential opportunities emerging for landowners due to the low and expected continued falling costs of battery storage technology.’ This article explores emerging development opportunities around electricity and focuses on the benefits and risks of battery storage or short-term operating reserve …
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Technology: In a galaxy far far away

Claire Williams summarises the latest government response to the Cybersecurity Directive ‘The possibility that multiple competent authorities may all have jurisdiction to respond to a breach is acknowledged and accepted by the government.’ The government has now published a response to its consultation on the Network and Information Security Directive (also known as the Cybersecurity …
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Remedies: Perilous profits

Jeremy Glover examines the recoverability of overheads and profits as part of a damages claim ‘A contractor must show that, had it not been for the breach of contract, its labour force would otherwise have been profitably employed on other work, thereby making a contribution to the contractor’s fixed overheads.’ The judgment in Fluor v …
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Planning: Illusive indexes

Alexandra Holsgrove Jones and Katherine Evans report on the recent amendment to the indexation provisions of the CIL Regulations ‘The original CIL Regulations did not deal with the situation where a planning permission was granted before the introduction of a CIL charging schedule, and a change was then made to that planning permission under s73 …
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Legislation: Going public

Duncan Dallas sets out the new procurement thresholds ‘The calculation of the estimated value of a procurement shall be based on the total amount payable, net of VAT, as estimated by the contracting authority.’ The European Commission’s new financial thresholds for public procurement have applied from 1 January 2018 and will be in place until …
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Healthcare: Competing authorities

Chris Murray and Stuart Cairns report on a recent decision supporting an automatic suspension ‘The judge highlighted the trusts‘ position as an incumbent provider and recognised that losing the contract would have a significant impact not only on the staff but also on healthcare services more generally.‘ In Lancashire Care NHS Foundation Trust v Lancashire …
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