Public procurement: Enabling social value in the new normal

As many organisations continue to edge forward out of at least the immediate impact of the pandemic, there is an increasing narrative calling for them to use this time as an opportunity to formulate a ‘new normal’ for the emerging economy. From various quarters, this is described as an economy that is “fairer”, “sustainable”, “flexible” or “more humane”. What can public procurement professionals do to contribute towards the new normal, and are they capable of improving social value?

Related briefings

Fragmentation on TUPE business transfers – Splitting the difference

A recent case heard by the Court of Justice of the European Union (CJEU) – ISS Facilities Services NV v Sonia Govaerts & Atalian NV – has looked at what happens when a transfer takes place under the Acquired Rights Directive (ARD) where there is a transfer from a single business to multiple incoming businesses, i.e. post-transfer ‘fragmentation’.

Service out: helpful rulings for claims involving international finance

In the recent related cases of Punjab National Bank International Limited v Vishal Cruises (Private) & others and Punjab National Bank International Limited v Passat Kreuzfahrten GmbH & others, the defendants’ challenges to jurisdiction were rejected. In so doing, the English Commercial Court provided helpful rulings for international banks in the context of applications to serve proceedings out of the jurisdiction, including the place for performance of guarantees, compliance with laws local to the finance obligors, and in relation to service under the Hague Convention.

Furloughed employees redundancy pay protected

The government has announced that it is introducing a new law which will require that redundancy pay for employees on furlough leave is based on their normal rate of pay.

‘Build build build’: How will the business and planning bill help developers?

The central point of Boris Johnson’s ‘new deal’ is to build back better, greener and faster. The focus of his announcement was on future construction. What will happen to those planning permissions that have already been secured but which are due to expire in coming months? Do you need to take action to extend the life of your planning permission?

Executive Committee (Functions) Act 2020 – Better or worse for planning decision making in NI?

A significant Act of the Northern Ireland Executive – the Executive Committee (Functions) Act – was passed on 28 July and will now go forward for Royal Assent. Introduced to Stormont on 6 July it has been passed with considerable speed and could have important consequences for decisions on regionally significant planning applications. The Act also has broader significance to NI government decision making and has fuelled considerable debate over its wider political implications.

Latest Briefings

Swiss Federal Supreme Court follows the practice of EPO’s Board of Appeal on singling out

In a recent decision (4A_613/2019, 11 May 2020), the Swiss Federal Supreme Court (Supreme Court) followed the practice of the Board of Appeal of the European Patent Office (EPO) as it held that the singling out of single features from two separate lists of features and therefore the combination of these  two specific features constitutes an extension of the subject-matter of the patent application leading to its nullity.

Recent Commercial Court decision highlights the importance of strict compliance with claim notification provisions in share and business sale and purchase agreements

In a recently delivered decision, Dodika Limited & Others v. United Luck Group Holdings Limited [2020] EWHC 2101 (Comm), Mr Peter MacDonald Eggers QC (sitting as a Deputy Judge of the Commercial Court) has ruled that a notice of claim under a tax covenant contained in a share sale and purchase agreement (SPA) failed to comply with the requirements of the claim notification provisions in the SPA. As a result, a sum of USD 50 million held in escrow was liable to be released to the SPA sellers.

Cyber security: Proactivity vs reactivity

Worried about the rise in cyber crime? Peter Yapp explains to Counter Terror Business Magazine how to “expect the unexpected” and get proactive when it comes to cyber security.


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