September/October 2015 #26 – Law Journals

Exclusion Clauses: Beyond reason

Juli Lau examines the pitfalls of standard terms and conditions ‘The initial fault lay with the seller in selling goods with a visual defect, and a provision which transfers all the risk of liability to the buyer does not satisfy the statutory test of reasonableness.’Exclusion and limitation clauses often feature among the key issues in …

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Call-Off Contracts: Doctors in the frame

Patrick Parkin and John Houlden have news on the enforcement of framework agreements ‘Call-offs under framework agreements must be conducted according to the terms of the framework agreement (and ultimately the original ITT).’Public authorities commonly use framework agreements to put in place a roster of preferred suppliers from whom they can quickly call off supplies …

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Drafting: Feeling excluded

Geraldine Elliott and Elizabeth Wiggin provide a helpful reminder on the incorporation of exclusion clauses ‘When considering injunctive relief, the question should be asked whether it is just in all the circumstances for a party to be “confined to his remedy in damages” by virtue of an exclusion clause.’Very often, it is not what the …

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Contract: Failing foundations – the legal approach to contractual ambiguity

Jenny Salmon reports on MT Højgaard A/S v E.ON and the lessons to be learned ‘Any warranty as to the length of operational life should have been expressly set out in the contract… and not buried in the technical requirements.’Contracts are the foundation-stone for the legal rights and responsibilities of the parties to any construction …

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Tendering: Keeping score

Nusrat Zar and Rachel Lidgate investigate a recent judicial assessment of a tender evaluation ‘This is the first time that an English court has set aside an authority’s decision to award a contract pursuant to the Public Contracts Regulations 2006.’In Woods Building Services v Milton Keynes Council [2015], the court held that a disappointed bidder …

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Remedies: Re(fit) for purpose?

Graeme Young looks at the recent consultation on the remedies regime ‘The Commission’s annual implementation review for 2013 reported that since 1 January 2010 the UK was the third-most investigated member state, with four infringement cases having reached at least the stage of sending a letter of formal notice.’The European Commission recently concluded a public …

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Infrastructure: Planning to prosper

James Parker evaluates the government’s recent report on productivity ‘The importance of skills in infrastructure delivery has really come to the fore and it is good to see that the scope of the NIP (national infrastructure plan) is to expand on this front.’How the UK plans and delivers its infrastructure development is crucial to making …

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Outsourcing: Building bridges

Dr Sam De Silva considers the reasons for renegotiating outsourcing contracts ‘One key difference between modern outsourcing contracts and legacy outsourcing contracts are the tools used to manage and respond to change while maintaining alignment between the parties.’There are many reasons why a customer may seek to renegotiate an outsourcing contract, such as: the business …

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