May/June 2016 #30 – Law Journals

EU Regulation: Steel yourself

Emily Heard questions whether updated procurement rules to support Britain’s steel industry have changed anything ‘It is unlawful to favour one operator over another just because it is from a home state. The government’s announcement of 3 April does not change this.’ On 3 April 2016, the government announced ‘new measures’ that it said would …

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Energy: A rose by any other name

Jonathan Bower and Richard Guyatt report on the White Rose carbon capture project ‘The relevance of the Secretary of State (SoS)’s decision to the wider infrastructure consenting regime is the importance given by the SoS to funding in the application process where compulsory acquisition powers are engaged.’The recent decision by the Secretary of State (SoS) …

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IT: Secure services

In the first of a two-part analysis, Dr Sam De Silva looks at the use of the outsourcing contract to manage security risks ‘The number of users with access to the system increases when a customer’s functions are outsourced to a third party. This in turn can increase the likelihood of the system being breached.’The …

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Injunctions: Holding the balance

David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …

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Technology: Inscrutable solutions

Edward Bennett assesses the value of SIAM and multi-sourcing in 2016 ‘Exponents of SIAM will be quick to show how greater efficiencies can be delivered through the use of a service integrator and elimination of points of weakness, enabling greater savings through removal of the “margin-on-margin” inherent in a prime contractor/ sub-contractor structure.’In an economic …

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Infrastructure: The best-laid plans

Paul Smith examines the National Infrastructure Delivery Plan ‘Breaking down the planned investment by sector, it is apparent that the government’s concentrations in respect of economic infrastructure remain energy and transport.’On 23 March 2016 the government published a new National Infrastructure Delivery Plan (the NIDP) outlining the government’s infrastructure priorities for the next five years …

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Employment: TUPE or not TUPE?

John Houlden and Adrian Martin consider the handling of TUPE in procurement documents ‘With employees and trade unions increasingly prepared to challenge deficient TUPE consultations, it is something which businesses can ill afford to ignore.’A bid team treads a delicate line when it seeks to present a confident and apparently certain solution to a purchaser’s …

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Planning: Clean living

John Bosworth summarises changes to permitted developments and a further blow to launderette users ‘The Amending Order additionally brings in a new temporary right to change a building in light industrial use to C3 dwellinghouses.’From 6 April 2016, amendments are made to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015). …

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