Contract: The age of reason

Sarah Boland considers a recent ruling on the UCTA unreasonableness test ‘It is not necessary for the full suite of a party’s standard written terms and conditions to be incorporated into a contract before the Unfair Contract Terms Act 1977 (UCTA) will apply.’The High Court has found that the requirement of reasonableness imposed by the …
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Agency: Not so secret agents

Kayleigh Bloomfield discusses the (ir)revocability of agency agreements and constructive trusts upon insolvency ‘Matters have the potential to become more difficult when one party wants to bring the agent-principal relationship to an end and the other does not, particularly where commission is at stake. As a result, an agent may seek to argue that their …
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Planning: Good neighbours

Robert Bruce summarises proposed planning legislation ‘The new Bill seeks to ensure pre-commencement conditions are only imposed by local planning authorities with the agreement of developers or where they are “absolutely necessary”.’The government has recently announced that it will bring forward a new Neighbourhood Planning and Infrastructure Bill in the Queen’s Speech. The purpose of …
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Pricing: The root of all evil

Dr Sam De Silva reviews remuneration for service providers ‘In practice most complex outsourcing contracts develop a hybrid pricing model. This involves consideration as to the nature of the particular services being procured by the customer and selection of the most appropriate payment method for each element of the services.’There are a number of different …
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Practice: Seek and ye shall find

Patrick Parkin and Premila Patel report on recent updates to Contracts Finder ‘It is uncertain whether a formal procurement challenge could be brought for failing to advertise the opportunity or the award on Contracts Finder.’The Crown Commercial Service has issued updated guidance on the use of Contracts Finder – the government’s online database for public …
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European Law: Open house

Dr Alexander Csaki and Martin Conrads assess the judgment of the European Court of Justice on ‘open-house contracts’ and its implications for the European procurement market ‘There is no recognisable discrimination of any bidder if the tendering authority clearly sets the terms to accede to an open-house contract in advance and in accordance with the …
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Local Government: Brexit ahead for supply chain

Brian Hitchcock looks at what the EU referendum result means for local government and its supply chain while the UK is putting in place its strategy ‘It is likely that the UK will remain subject to some form of open competition and public procurement regulation: not least because the public sector is mandated to provide …
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Infrastructure: Northern Lights

Sheridan Treger and Paul Grace examine the condition of the ‘Northern Powerhouse’ concept and what it might mean for promoters of major development in planning terms ‘In light of recent developments, one would now expect the “Northern Powerhouse” to provide a pan-regional dimension to the case for a scheme’s planning benefits.’When informed of a rumour …
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