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Ministry of Defence Broke Rules in £385 Million Contract Tendering Exercise

Judges are astute to the enforcement of the strict rules of fairness that apply to public contract tendering exercises. In one case that proved the point, the High Court found that the Ministry of Defence (MoD) had applied arbitrary criteria in awarding a very large contract in respect of logistical support for the Royal Navy. The contract was worth up to £385...

Businessman Wins Right to Bring Private Prosecution Alleging £400,000 Fraud

The right to bring private prosecutions may be rarely exercised but a Court of Appeal ruling has confirmed that it remains very much alive and kicking. The Court opened the way for a businessman who claimed to have been defrauded of £400,000 in a property deal to bring his former associates before a Crown Court jury. The businessman had invested the money in a...

Sensible Contractors Know that Oral Agreements Are a Recipe for Doubt

Oral contracts may seem clear at the time when hands are shaken, but all too often certainty is subsequently displaced by doubt as to what exactly was agreed. One High Court case concerning a £300 million council housing renovation project underlined the benefits of professionally drafted agreements. The main contractor engaged in the project had sub-contracted...

Winning Compensation Is One Thing, Enforcing Payment Is Another!

Winning compensation is one thing, but enforcing its payment is another. That point could hardly have been more powerfully made than by a case in which a domestic servant who was awarded almost £270,000 by an Employment Tribunal (ET) ended up without a penny. In what was believed to be the first successful ‘caste discrimination’ case brought before an ET,...

Professional Advice and the Duty to Warn Clients – Guideline Ruling

In a decision that will be required reading for all professional advisers, the Court of Appeal has ruled that a specialist tax firm was negligent in failing to give a client a clear and specific warning that an aggressive tax avoidance scheme might not be accepted by HM Revenue and Customs (HMRC) or ultimately prove effective. On the firm’s advice, the client,...