May/June 2017 #36 – Law Journals

Contract Management: Risky business

Andrew Ross advises on the use and maintenance of risk registers in NEC3 contracts ‘The risk register does not allocate contractual responsibility for risks between parties. The fact that a risk is, or is not, identified on the risk register does not trigger any contractual consequences.’The NEC3 suite of contracts expressly provide for maintaining a …

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Letters Of Intent: Cautious correspondence

Claire King considers the benefits and pitfalls of letters of intent ‘Perhaps the most common argument running through the cases is whether any binding contract has been reached as a result of the letter of intent.’ The use of letters of intent can be fraught with difficulty. In this article I review the key case …

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Judicial Review: Standing tall

Stephen Sellers reports on recent case law on the ‘standing’ to apply for judicial review ‘The question of councillors standing for local authorities when bringing judicial review proceedings to procurement cases is ripe for consideration by the Court of Appeal, following the different outcomes in the Gottlieb and Wylde cases.’ In the recent case of …

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Brexit: (Un)happy endings

Graeme Young, Caroline Hobson and Ruth Derruau assess a potential Brexit pitfall ‘Where authorities seek to extend contracts and are not able to rely on one of the Reg 72 grounds, they are likely to be acting unlawfully, in breach of UK law.’The Financial Times (FT) recently reported that (10 April 2017): … hundreds of government contracts …

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Update: Seeing the Wood for the trees

Rebecca Williams and David Wright examine a recent Supreme Court judgment ‘The judgment in Wood is a reaffirmation that the court will use all the tools available to it to seek to understand the meaning of the wording in a contract, using the text itself, but also the wider contract and commercial intention of the …

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Corruption: Punishing pay-offs

John Doherty and Nicole Finlayson provide a timely update on bribery and corruption ‘It is vital that businesses get it right: firstly, when putting prevention procedures in place; and secondly, if trouble does arise, in how they deal with it.’Bribery and corruption are firmly in the spotlight for 2017, with an ever-increasing commitment from regulators …

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Planning: Without a plan(ner)

Peter Kershaw voices his growing concern at the lack of involvement of planning law expertise in the long-term strategies of universities and local authorities ‘There has never been a more important time for university, local authority and private sector land owners to be fully “engaged” with the planning system and planning case law.’With increased competition …

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