To Hull and Back: TCC considers whether adjudication decisions regarding EfW plant contract can be enforced

Engie v MW High Tech Projects[1] is the latest in a long line of cases arising from the construction and/or operation of Energy from Waste (EfW) plants. In this case, O’Farrell J has ruled that adjudicators’ awards cannot be enforced due to an exclusion in the Construction Act  in respect of power generation activities. The…

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Procurement case note: Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport (2020)

Considering the principles of transparency and fairness in the exercise of discretion On 17 June 2020, the High Court handed down its judgment in a case with important implications for the contracting authorities undertaking procurement exercises, Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC). The…

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Mobile Phone Extraction by Police Forces – ICO’s Latest Findings

On 18 June the Information Commissioner’s Office (ICO) released its investigation report into mobile phone data extraction by police forces in England and Wales. The investigation, which began in August 2018, was carried out by the ICO following concerns about the potential for excessive processing of personal data that could arise as a result of…

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The Impact of Coronavirus on Construction and Commercial Contracts

Introduction Whilst the eyes of the world’s media focus on daily increases in the number of Coronavirus cases and the emergency measures being taken by national governments to combat its transmission, little attention has been paid to the impact of the virus on construction and commercial projects. Although the economic scale of the crisis is…

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Compete don’t cheat – make sure you’re on the right side of competition law

On 26th February 2020, the Competition and Markets Authority (‘CMA’) launched its ‘Cheating or Competing Campaign’, which targets a multitude of sectors, placing particular emphasis on construction companies, which are no strangers to action by the CMA. The aim of the campaign is to increase awareness of anti-competitive practices amongst businesses in addition to highlighting…

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Public Procurement after Brexit – January 2020 update

Introduction The European Union (Withdrawal Agreement) Act 2020 (the ‘Act’) received royal assent on 23rd January 2020, and the EU-UK withdrawal agreement was swiftly signed by the leaders of the European Commission and Council. The EU Parliament ratified the deal on 29th January, the UK is due to leave the EU at midnight on 31…

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