Guidance on disclosure requirements under the Disclosure Pilot Scheme (TCC) Case summary: Castle Water Ltd v Thames Water Utilities Ltd

In this May 2020 case, the Technology and Construction Court has provided some useful guidelines as to the type of documents that must be disclosed in order to comply with the Disclosure Pilot Scheme. In particular, the case has shed some light on the appropriate process that should be followed in disclosing ‘adverse’ and ‘known…

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Using the furlough scheme flexibly to manage mental health in the workplace

While the government job retention scheme has allowed employers to rotate staff on a three week cycle, many employers have not taken advantage of this offer. This may be because once staff were selected for furlough it was easier to operate or because employers selected their most competent staff to remain in work and didn’t…

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Case summary: Drive (Edgware) Ltd v S&T (UK) Ltd [2019] EWHC 3139 (TCC)

The process for issuing notices is a well-known potential source of dispute for parties to a construction contract. More than ever, with most offices operating remotely, contractual notices are necessarily being sent by email. This judgment in the High Court shed light on some of the challenges presented by this method of service, and is…

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Time Limits for Starting Procurement Challenge Proceedings and Extending those Time Limits

Introduction In a  previous earlier article we highlighted almost simultaneous but contrasting judgements[1] concerning the strict 30 day time limit for starting proceedings under the Public Contracts Regulations 2015 (“the Regulations”) in Regulation 92(2) and the restricted  jurisdiction to extend those time limits under Regulation 92(4) and (5). The recent judgement in Riverside Truck Rental…

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So what happens next….contractual arrangements post “lockdown” – Part 2

As the country takes its first tentative steps towards the new “normal” it is essential for contracting authorities to review the viability of their contractual arrangements and, most importantly, the interim provisions introduced in response to the Covid-19 pandemic. Consequently, now is the time to build upon the considerations contained in my previous blog on…

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Household Waste Recycling Centres: Updated Guidance

Defra has recently updated its ‘Managing HWRCs in England during the coronavirus pandemic’ guidance to clarify its position on the reopening of HWRCs. The guidance highlights an amendment to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which expressly allows the public to visit waste and recycling centres. On that basis, there is no legal…

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