September/October 2017 #38 – Law Journals

Update: The best of times, the worst of times

In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …

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Disclosure: Hidden in plain sight

Lisa Boyd looks at the question of confidentiality and disclosure in the light of the recent TCC guidance note ‘The guidance note suggests that confidential information should be in a self-contained schedule or annex and that any confidential information served electronically should be further protected by way of passwords etc.’ On 17 July 2017, the …

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Practice: Making changes to public contracts

Richard Hough examines the procurement law issues involved in changing a public contract ‘If the proposed change is a “material” one, it is possible that the amended contract could be considered to be a new contract and, if not procured under the Regulations, the authority could be challenged for being in breach of the Regulations.’ …

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Construction: Brick by brick

Claire King analyses recent judicial trends in the contractual interpretation of construction contracts ‘What has sometimes been used as a “get out of jail card” (ie arguing business common sense to escape an otherwise harsh result) is going to be an increasingly hard card to use in the future.’ The key to resolving disputes is …

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Contract: A fitting judgment

Richard Booth reports on a recent Supreme Court judgment highlighting the need for clarity of drafting ‘The case provides categorical confirmation that an obligation to carry out and complete works without defects such that they are fit for purpose cannot be avoided on the basis the employer specified a particular item or design.’ The Supreme …

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Energy: Power to the people

Peter Kershaw outlines recent proposals addressing energy storage ‘Energy storage, especially from new battery storage technology, can potentially provide landowners on constrained sites with a new opportunity to maximise the potential of their land.’ Local authorities, hospitals, universities, charities, large businesses and farms are just some of the organisations placing themselves on immediate standby to …

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Procedure: Taking notes

Graeme Young highlights the revised rules for procurement challenges in England and Wales ‘The note strongly suggests that the court will be minded to allow specific and early disclosure ahead of any lifting hearing provided there is some prima facie concern with the process and the documents requested can reasonably be viewed as relevant.’ The …

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