January/February 2014 #16

Contract Management: Credit where credit’s due

Sherree Westell considers at service credits and practical tips for drafting effective terms ‘This article looks at some of the key legal issues associated with the negotiation and drafting of service credits and aims to provide some practical tips for so doing.’Whether concluding a contract for outsourced technology services, software as a service or more …

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Services: When ‘in-house’ ends up in the outhouse

Alexandra Cross and Al Goodwin review recent developments in shared services arrangements ‘The ECJ has recently distinguished particular aspects of the conditions which trigger the application of public sector “in-house” exemptions in the case of Piepenbrock.’Public sector shared services arrangements are nothing new – in the local authority sector alone, the Local Government Association has …

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Outsourcing: TUPE changes for B2B suppliers

Julian Yew highlights the key areas of change in TUPE for those involved in commercial outsourcing from January 2014 ‘When outsourcing or insourcing a function on and after 31 January 2014, it is important to ensure that the services contract defines very clearly the service that is transferring and that it also identifies how employees …

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Update: A challenging climate

Jack Hayward looks ahead to a challenging year ‘The outsourcing world will see a substantial increase in activity due to the budgetary constraints set some years ago by the Coalition working their way through the system.’ So what does 2014 hold for the world of procurement and outsourcing? From a procurement perspective the implementation of …

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Contract: Trading places

Chris Charlesworth discovers what happens when one of the parties in a trading relationship decides to move on. Is the supplier in that situation entitled to compensation? ‘You will have no right to any period of notice unless you have a contract and trying to establish an agreement by conduct is difficult.’It is often said …

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Legislation: New scores on the doors

New higher procurement threshold values to apply across Europe from 1 January 2014. Alistair Maughan investigates. ‘The Commission Regulation (EC) No 1336/2013 has a direct effect in all EU member states, and all EU member states will have to apply the new threshold values to their national procurement rules.’From 1 January 2014, the threshold values …

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Mediation: The (not so) cold shoulder

Beverley Vara and John Dagnall report on a recent case emphasising the importance of mediation ‘A failure to provide reasons for a refusal was unhelpful to the real objective of encouraging the parties to consider and discuss ADR. The court pointed out that discussions between legal advisors and experts at various stages in the litigation …

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