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Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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Funding Foul Play?: Liability for Interference in Regulated Procurement Processes
January 2023Introduction The rules on public and utilities procurement are designed to ensure fairness and transparency in the allocation of government funds for projects. In this process, a number of rules are put in place to safeguard the interests of all parties involved and to ensure that the most economically advantageous bid is chosen, on the… Read More >
Mission Zero Review: How Does Construction fit in?
January 2023Introduction Net Zero has been placed at the forefront of UK policy over the last few years in light of the growing awareness of the impacts of climate change. The UK Government has committed to reach net zero greenhouse gas emissions by 2050 and its Net Zero Strategy was published in 2021. However, amidst an… Read More >
Irish Government approves establishment of defects scheme for Celtic Tiger-era apartments
January 2023On 18 January 2023, the Irish Minister for Housing, Local Government and Heritage received approval to draft legislation supporting the remediation of apartments with fire safety, structural safety and water ingress defects constructed between 1991 and 2013. The legislation is intended to provide a statutory basis for the establishment of a remediation scheme aimed at… Read More >
No express clearance: CMA red-lights Hitachi-Thales merger over rail signalling concerns
January 2023Introduction The UK Competition and Markets Authority (“CMA”) has referred the proposed merger between Hitachi Rail, Ltd and Thales SA’s Ground Transportation Systems business for an in-depth “Phase 2 investigation” under the Enterprise Act 2002 (the “Act”), on the basis that the merger may result in a substantial lessening of competition within a market or… Read More >
Useful but underused? Key take-aways from the Annual Report of the Public Procurement Review Service (2021-2022)
January 2023Introduction The Public Procurement Review Service (PPRS) is a government service that allows public sector suppliers and potential government suppliers to raise concerns anonymously about poor public sector procurement practices. The service also addresses cases related to the late payment of valid and undisputed invoices on public sector contracts. The service is open to receive… Read More >
Lower material prices set in concrete?: CMA imposes conditions on Sika / MBCC merger
January 2023Background The Competition and Markets Authority (CMA) in the UK plays a crucial role in reviewing proposed mergers and acquisitions under the Enterprise Act 2002. This is to ensure that such deals do not result in anti-competitive outcomes that would harm consumers and markets. The CMA may intervene to block mergers and order merging companies… Read More >
Trade secrets in public tender processes: a “qualified” right to confidentiality Antea Polska S.A. v Państwowe Gospodarstwo Wodne Wody Polskie
January 2023Factual background In a judgment of 15 December 2022, the Court of Justice of the European Union (CJEU) has ruled on several questions related to the interpretation of EU law on public procurement, following a request for a preliminary ruling by a Polish court. The case involved a public contract for the development of environmental… Read More >
Sanctions Round-Up: Government bans on architectural and engineering services come into force
January 2023Introduction As we previously reported, the UK Government announced on 30 September 2022 its intention to ban the provision of certain services to individuals connected to Russia, including architectural, engineering, advertising, IT consultancy and transactional legal services. On 15 December 2022, the Russia (Sanctions) (EU Exit) (No 17) Regulations 2022 were passed, officially bringing these… Read More >
Urban Planning – Dubai Continues to Deliver
December 2022Phase II of the Dubai 2040 Urban Master Plan was approved this week by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, signalling a number of points of interest for clients and colleagues in the construction industry. On 2 January 2022, His Highness Sheikh… Read More >
REPORTS FROM THE COURTS
December 2022Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth, analysing a judgment that highlights the importance of serving termination notices strictly in accordance with contractual requirements; and another that underlines the fundamental importance of proper service of a Notice of Adjudication. This was first published by… Read More >