March/April 2018 #41 – Law Journals

Development: The company you keep

Richard Hiscoke, Judith Barnes and Claire Booth review the use of limited liability partnerships ‘Using an LLP as a joint venture vehicle was held to be lawful where a local authority‘s primary purpose was to better manage its land and deliver housing and regeneration (ie non-commercial purposes) even where there was a commercial element.’ /> …

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Bidding: Careful choices

Ian Tucker, Chris Jackson and John Houlden discuss the position of preferred bidders in procurement challenges ‘One question for the court was whether in these circumstances, where Stadler had not attended court, a third-party preferred bidder should be ordered to pay the costs for the application.‘ Preferred bidders in public procurement may find themselves sidelined …

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Infrastructure: Who cares?

Sarah Brooke analyses grass-roots research into accountable care ‘What was striking at the May event was the enthusiasm among participants for the original objectives behind accountable care models introduced by the “Five Year Forward View“.‘ The words ‘accountable care‘ have become synonymous with problems and concerns. The latest ‘pause‘ announced to address concerns will do …

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Practice: Ways and means

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Chris Hoyle reflects on some practical procurement problems ‘A procurement is not normally part of most people‘s day jobs. That‘s why it‘s all too easy to forget the impending expiry of a contract.‘ If I were to be asked, what are the three most common types of ad hoc situations faced by a procurement officer, …

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Brexit: The long and winding road

Stephen Sellers considers the current outlook for public procurement after Brexit ‘The most straightforward way of achieving a transition period is to extend the Art 50 period for withdrawal and defer exit day beyond 29 March 2019.‘ The second reading of the Trade Bill took place on 9 January 2018. The Bill provides powers for …

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Risk management: Cutting costs

Simon Liddiard looks at the impact of the Carillion collapse ‘All else being equal, the employer will end up rewarding underpricing by giving the contract to the most aggressively priced bid.‘ With the recent collapse of the last pillars holding Carillion‘s crumbling edifice upright, the usual cries of ‘how did this happen‘ have started to …

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Contract: No damages 4u

Miles Robinson and Zahra Rose Khawaja examine the need for airtight termination clauses to safeguard claims for damages ‘This is an important reminder to businesses in the procurement and outsourcing profession to pay close attention to the drafting of termination notices, and to factor in their common law termination rights in addition to the termination …

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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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Drafting: If the cap fits

James Farrell and Sophie Jones explore the lessons to be learned from a recent case on liability caps ‘Although the court will consider commercial common sense and the surrounding circumstances, its focus is first and foremost on the language used. The language used is something that contracting parties have control over, and they should exercise …

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