April 2014

Competition for public contracts: the new EU public procurement regime | Arnold & Porter (UK) LLP

Where public entities in the UK or any other EU member state wish to procure goods or services from private sector enterprises, they must follow the processes set out in EU public procurement legislation. In the UK, this legislation is enshrined in the Public Contracts Regulations 2006, as amended (the 2006 Regulations). The EU public …

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Legal responsibility 
for flooding | Burges Salmon

The winter of 2013/2014 set a number of records. It saw the largest storm surge in 60 years; the stormiest December on record; the wettest January in 250 years; the lowest depression since 1876; and the wettest winter on record. Everyone will be aware of the flood events suffered, particularly in Southern England. 


Are limited damages adequate? | Cooley

In AB v CD [2014] the High Court held, with a degree of uncertainty, that the fact that contractual damages are subject to a limitation clause does not mean that those damages are not adequate, as required for the granting of an injunction under the American Cyanamid1 guidelines.

Directors in Scotland: it’s getting more personal than England | Brodies

A recent decision of the Outer House of the Scottish Court of Session, Campbell v Peter Gordon Joiners Ltd & ors [2013], has introduced a distinction between Scotland and England as to when a director may face personal liability in a civil action for breach of statutory duty. The statute in question was the Employers’ …

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Healthcare apps: comparing the US and UK approaches | Shook, Hardy & Bacon

The life sciences sector in the UK has proved economically robust over recent years, growing in strength and diversity. In particular, healthcare technology has seen the largest growth with turnover reaching £17.6bn in 2013.1 Within this has come an exponential rise in mobile medical applications, known as ‘healthcare apps’ or ‘medical apps’, which focus on …

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Court of Appeal clarifies application of TUPE in administration proceedings | Druces LLP

An important decision of the Court of Appeal in November 2013 has overturned the decision of the Employment Appeal Tribunal in the case of employees made redundant by the administrator of a football club prior to its sale. The decision is relevant to purchasers of business and assets from companies in administration. The club was …

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Recent immigration roundup | Magrath Sheldrick LLP

The resignation of Mark Harper, MP and former immigration minister, in February 2014, is a very public reminder to all employers of the importance of checking right to work documentation for employees, and retaining the appropriate copies of these documents.