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High Court Slams 'Indefensible' NHS Contract Tendering Exercise

Public contract tendering exercises are meant to ensure fairness, transparency and, not least, value for taxpayers' money. However, as a case concerning the award of an NHS contract all too clearly showed , they can sometimes go horribly wrong. A provider...

Thinking of Setting Up a Franchise Business? Seek Professional Advice

The franchising model enables many people to achieve their ambition of setting up in business on their own account. However, as a High Court case showed , it is vital not to let your heart rule your head and such an enterprise should never be ventured...

Commercially Sensitive Conversation 'Overheard Through Flimsy Partition Wall'

In modern offices where CCTV is ubiquitous and partition walls are flimsy there is an obvious risk of commercially sensitive conversations being overheard. In a guideline decision, the High Court pondered the legal consequences of such an incident . Two...

Is Timing of the Essence? High Court Rules on Ferrari Sale Dispute

Contracts for the sale of goods almost always stipulate a date by which payment must be made. However, as a High Court ruling concerning the sale of a classic Ferrari racing car made plain , it does not necessarily follow that the timing of payment is of...

Company Director Pays High Price for Gambling With Creditors' Money

Directors who cause insolvent companies to trade when there is no reasonable prospect of creditors being paid put not just their livelihoods but their careers on the line. That was certainly so in the case of a media company director who was disqualified...

Suffered Prejudice as a Minority Shareholder? Consult a Solicitor

Minority shareholders may have little say over a company's day-to-day management but they are entitled not to be subjected to unfair prejudice by the majority. The High Court made that point in the context of a family company that became the focus of a...

Telephonist's Mistake Almost Costs Bookmaker Over £250,000

In the bookmaking industry, bets are often placed during telephone calls that last just a few moments and that gives rise to an inevitable risk of human error. In rejecting a punter's claim that he was contractually entitled to six-figure winnings on a...

Railway Infrastructure Company Pays Price for Infringing Competition Law

If you have suffered financial loss due to another's breach of competition law, expert lawyers will see to it that you are fairly compensated. In a case on point, a provider of supplier assurance schemes that was for years kept out of the railway...

Hard Negotiation or Economic Duress? High Court Gives Guidance

Businesspeople who personally guarantee corporate debts may feel they are under such extreme pressure to do so that they have no choice. As a High Court ruling showed, however, only in very rare cases will judges find that such pressure crosses the line...

Incorporation of English Jurisdiction Clause Arguably 'Went Without Saying'

In a novel decision of interest to the international trading community, the High Court ruled it arguable that an English jurisdiction clause was incorporated in a petroleum supply contract notwithstanding that the alleged deal was done informally over the...
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