March/April 2012 #5 – Law Journals

Update: Fresh resolve

In this edition’s update, Jack Hayward finds that this has been an unusual start to the year ‘There are currently no rules at all on concessions in the UK, which in the eyes of the Commission means a total lack transparency.’Ithink most of us were pleasantly surprised by the Commission issuing not one but three …

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Legislation: Don’t rule it out!

Catherine Wolfenden and Jorren Knibbe look at the applicability of procurement rules to joint ventures with public authorities ‘HM Treasury’s March 2010 guidance note on joint ventures provides only very limited information to public sector bodies on the application of the procurement rules.’Do the procurement rules apply? A question that should be easy to answer, …

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Insolvency: Selling the staff

Charles Wynn-Evans examines the impact of recent decisions on business transfers and insolvency ‘Two Court of Appeal judgments delivered just before Christmas are of considerable importance in terms of clarifying the scope of the potential protections provided by TUPE for affected employees.’This article discusses two important recent cases that are of considerable importance for those …

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Pensions: Making sure you (don’t) get your pension

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Roderick Ramage reviews the relationship between outsourcing and pensions ‘A major concern to the government and public sector unions was that the exemption of mainstream pension benefits from TUPE would result in the transferring employees, many of whom are in relatively low paid work, losing membership of a public sector pension scheme, as a result …

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IT Procurement: Tricks of the trade

Ian Stevens considers the potential utility of the OSS toolkit ‘“All About Open Source” is an introduction to OSS for anyone interested in employing OSS solutions across government.’Open source software (OSS) has not been regularly used by the government, even though its OSS policy has been in place since 2004. ICT Strategy The Government’s ICT …

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Infrastructure: Big plans for the big society

Angus Walker analyses the progress of the Infrastructure Planning Commission ‘The good news is that the IPC is now busy and that experience of the new regime is much more widespread than it was even three months ago. This should encourage promoters to come forward with applications.’The Infrastructure Planning Commission (IPC) was set up in …

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Outsourcing Services: Slipping through the TUPE net

Blair Adams assesses the importance of services provided and TUPE for outsourcing contracts ‘The language of the definition has made employment tribunals look at the application of the TUPE Regulations from a different perspective, sometimes with surprising results.’In this article, I shall be considering whether recent cases on the application of the Transfer of Undertakings …

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Agency: Breaking the mould

Luisa D’Alessandro discusses the practical and commercial considerations in drafting agency agreements ‘There should be clear obligations to stop using the principal’s materials and intellectual property rights, all of which should be returned.’The importance of putting clear contracts in place when appointing any kind of sales or purchase representative should not be underestimated, especially when …

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