January/February 2018 #40 – Law Journals

Contract: Including exclusion

Gwendoline Davies looks at the courts’ changing approach to interpretation of exclusion clauses ‘The Unfair Contract Terms Act (UCTA) can determine the enforceability of clauses which seek to restrict or exclude business liability in some commercial contracts, including the majority of supply contracts.’ The interpretation of exclusion clauses in commercial contracts has continued to prompt …

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Remedies: Disappearing damages?

Katherine Souter assesses the status of an award of damages for breach of the public procurement rules ‘What needs to happen fairly soon is for another case to come before the UKSC, which is referred to the CJEU for clarification, so that we have legal clarity on this issue before the UK leaves the CJEU’s …

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Brexit: Crossing borders

Robert Bell reports on a recent decision of the EFTA Court ‘The question before the court was what level of culpability of a contracting authority was necessary for the court to award damages for breach of the public procurement law.’ A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the …

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Update: More haste, less speed

Sapna Garg considers a ruling on expedited trials ‘The attempt by Joseph Gleave to have the best of both worlds, by keeping its hat in the ring in the procurement process while at the same time pursuing proceedings against the defendant, didn’t succeed.’ Timing was a critical deciding factor in Joseph Gleave & Son Ltd …

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Markets: Can’t take the heat?

James Marshall, Deborah Greenwood, Kenneth Addly and Julia Joseph highlight the Competition and Markets Authority market study into UK heat networks ‘The CMA is particularly concerned that customers may be unable to easily switch suppliers, or may be locked into long-term contracts, with the risk that they may be paying too much or receiving a …

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Policy: It’s only money

Michael Winder examines a European Commission initiative ‘The Commission wants to help member states improve the skills, knowledge and understanding of buyers to ensure compliance with procurement law and best value for money.’ In the autumn of 2017, the European Commission announced a new procurement initiative aiming to encourage member states to undertake public procurement …

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Practice: On the wrong track

Rebecca Williams and Ben Lamble discuss a recent case dealing with disclosure ‘The lesson for prospective claimants is clear: the strict time limits imposed on public procurement claims will be executed robustly in all but the most extreme cases.’ The Technology and Construction Court (the TCC) has recently recognised that public procurement cases, particularly those …

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