Search by Category:

NIS Regulations – One Year On

The NIS Regulations – One Year On

What is the relevance for the public sector and how can compliance be ensured?

THE NIS DIRECTIVE

The Network and Information Security or the NIS Directive, also known as the Cybersecurity Directive, intends to establish a uniform level of cybersecurity for network and information systems that process ‘digital data’ for their operation, use,

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 Appeal allowed the third

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 would be made on completion

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 completion specified for each section

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 over five years. The procurement

Continue reading

Effective relief notices: Agilisys Limited v CGI IT UK limited

Background

In August 2015 CGI IT UK Limited (“CGI”) entered into a contract with the City of Edinburgh Council for the provision of ICT and Transformation Services.

CGI subsequently engaged Agilisys Limited (“Agilisys”) under a sub-contract, making it responsible for replacing three finance systems with a new single system and delivering a new online platform giving

Continue reading