May/June 2014 #18 – Law Journals

Cartels: Jobs for the boys

Matthew Hall examines the role of the CMA in controlling cartels ‘It is clear that being involved in a cartel remains a key risk area for all businesses. Apart from fines, cartel decisions invariably give rise to reputational damage and these days it is almost inevitable that customers will bring private actions for damages.’The European …

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Remedies: Credit where credit’s due

Dr Sam De Silva considers the role of service credits ‘If the service level/service credit scheme is too complex, a disproportionate amount of time and effort will be devoted by the parties to its maintenance. It is therefore normally in the interests of both parties to limit the number of service levels which attract service …

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State Aid: A benevolent big brother

Victoria Redman explores the implications of state aid ‘Local authorities and developers entering into section 106 agreements, or renegotiating section 106 agreements to release obligations for contributions, will need to consider and recognise the potential for state aid and, where appropriate, take steps to avoid it.’At the end of January, the European Commission launched an …

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Reform: The wind of change

John Houlden and Brendan Ryan highlight how public authorities might rely on the new EU procurement regime prior to UK transposition ‘The obligation not to compromise a directive’s implementation applies not only to national legislators, but also to national courts as organs of the member states.’A new EU public procurement regime has entered into force …

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Construction: Seeing the big picture

Lisa Kingston reports on the CIOB Complex Projects Contract 2013 ‘CPC 2013 aims to make any disputes that arise less contentious and shorter in duration by bringing issues to the fore immediately through the issue resolution process.’In April 2013, after two years of drafting and consultations, the Chartered Institute of Building launched the CIOB Complex …

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Technology: It’s good to tweet

Dr Stuart Thomson discusses the rise and rise of social media in crisis communications ‘To really be effective, an organisation’s social media presence needs to be established in advance of any crisis.’Crisis communication is increasingly focusing on social media, but too often the emphasis is on how fast something is posted instead of the content. …

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Health And Safety: The pain of compliance

Nick McMahon and Mamata Dutta outline a recent case on health and safety duties ‘No matter what business you may have, you must take fire safety seriously.’No matter the size of the contracting exercise or the negotiated duties of the parties, a recent news story which raised smiles in some quarters has actually emphasised a …

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Contract: The root of the problem

David Sawtell reviews the law of repudiation When determining whether a breach of an innominate term has “gone to the root” of a contract, the courts have adopted a more easily applied list of factors to be consideredWhere a defaulting party is in repudiatory breach of an agreement, the injured party is not only entitled …

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