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…

Continue reading

Sharpe Pritchard acts for BT Plc in 2019’s largest UK legal outsourcing project

Sharpe Pritchard, the London-based firm of public and commercial law specialists has acted for BT Plc in the outsourcing of its legal services for claims and real estate work. This was the largest legal outsourcing project in the UK market in 2019.[1] The firm was instructed earlier this year to advise the telecommunications giant on…

Continue reading

Contracts (Rights of Third Parties) Act 1999 Has Its Day in the Sun

Often the everyday contact with the Contracts (Rights of Third Parties) Act 1999 (“the Act “) is to exclude it. However, the Court of Appeal’s recent judgment in Chudley & Ors –v- Clydesdale Bank Plc (t/a Yorkshire Bank) 2019 offers a rare opportunity to visit the Act in greater detail. In Chudley the Court of…

Continue reading

The Court of Appeal considers the application of liquidated damages following termination of an ICT contract in Triple Point Technology v PTT [2019] EWCA Civ 230

Background: PTT, an oil and gas company, engaged Triple Point Technology to supply a software system for use in its commodities trading. The project was split into two phases: Phase 1 to replace the existing system and Phase 2 to develop the system to accommodate new types of trade. The parties agreed that milestone payments…

Continue reading

Interpreting Practical Completion: University of Warwick v Balfour Beatty Group [2018] EWHC 3230 (TCC)

Background: The University of Warwick (Warwick) contracted Balfour Beatty Group Ltd (Balfour Beatty) under an amended JCT 2011 D&B to design and construct the National Automotive Innovation Centre (the Centre). The works were split into 4 sections. Balfour Beatty took possession of each of these sections on the 20 April 2015. However, the dates for…

Continue reading

Abbvie Ltd v NHS England – equal treatment and “margin of discretion” in evaluation – what does it mean for contracting authorities and utilities?

AbbVie Ltd v NHS Commissioning Board [2019] EWHC 61 (TCC) Background A challenge was brought by the American pharmaceutical company Abbvie Limited (“Abbvie”) against the NHS Commissioning Board’s (“NHS England”) Hepatitis C (“HCV”) drug procurement. The procurement, launched in spring 2018, is the largest NHS drug procurement ever undertaken, letting contracts worth nearly £1 billion…

Continue reading