Acceptance Tests definition

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Issues to consider in IT procurement

Issues to consider in IT procurement This Practice Note explores IT procurement (or information technology procurement, tech procurement or technology procurement) setting out the main stages in the IT procurement process, key contract documentation, the principal legal and commercial issues and some specific cloud computing and open source software (OSS) considerations. It focuses on customer concerns but also highlights some considerations for the supplier where relevant to IT procurement. Issues specific to public IT procurement and government information and communications technology (ICT) procurement are not covered here but instead see Practice Notes: Public procurement—private sector considerations and Freedom of information and public contracts. Main stages of IT procurement An IT procurement exercise will broadly follow a lifecycle comprising some or all of the following stages (depending on the value and complexity of the procurement and the sourcing approach adopted): • the customer identifies their initial requirement for a product/service/solution in response to a business need • the customer develops a specification for the technology or IT services that will meet that business need • the customer scopes particular items of IT (software, hardware or an entire system) or IT services and potential suppliers who can deliver this (which may include performing due diligence on potential suppliers) • the customer undertakes a procurement exercise, which may be either: ◦ as simple as purchasing IT equipment from a shop or

System development and systems integration agreements

System development and systems integration agreements System development agreements govern a wide range of projects from the straightforward to the large, complex and costly. The objective is usually simple: to create an IT system meeting the customer’s needs in a trouble-free way, by an agreed time and for an agreed price. However, this simple ambition often masks a mass of complexity reflecting the underlying complexity of IT systems themselves. Practical matters, including the methodology for the project, the components of the system and how the system should work in real-life conditions, fundamentally affect the issues that a development agreement must address. Without a clear working knowledge of the commercial and technical issues, there is a good chance that lawyers will produce contracts which are divorced from reality and inadequately address the risks. In addition, development contracts contain a mixture of contract, intellectual property and commercial issues which can look standard to the uninitiated but in fact vary widely in order to accommodate specific project requirements. This Practice Note covers the following key issues: • Development methodology • Incorporating other software • Hardware • Development as part of a wider project • Specification stage • Project management, timing and quality of approach • Acceptance testing • Systems integration • Intellectual property rights • Software warranties • Escrow • Payment • Dependencies • Limitation of liability • Confidentiality and exclusivity • Termination • Checklist • Case examples See also Precedents: Systems integration agreement—pro-customer and Systems

Wind Turbine Supply Agreement

Wind Turbine Supply Agreement What is a Turbine Supply Agreement (TSA)? The Turbine Supply Agreement (TSA) is a critical component of the contractual framework for a wind farm. This note analyses some of the key aspects of a TSA and how it fits into the wider contractual suite of documents used to construct, operate and maintain an onshore or offshore wind farm. Wind farms consist of individual wind turbine generators (WTG) used to generate renewable power. Each WTG typically consists of a nacelle (which sits at the top of the WTG’s tower and houses the generating components), blades, tower and other critical components such as control and data equipment, generator and switchgear. The TSA will typically cover the design, construction and delivery to site of these components, as well as the erection, commissioning and warranties in relation to each WTG. The form of the TSA may be a bespoke form or amended standard form, but will be tailored to suit the specific requirements of wind turbine supply contracts. Most manufacturers have developed their own individual forms of TSA, but each TSA will generally cover the following issues: • specifications—to what specification will the WTG be designed and manufactured, and how it will perform. The specification needs to be clear and unambiguous to ensure certainty of what will be delivered. Developers (and funders) will need to ensure that the specification of

Key issues in IT disputes

Key issues in IT disputes This Practice Note considers key issues in IT disputes (ie legal disputes which have an IT element), focusing particularly on issues that commonly arise in relation to IT contracts and arrangements such as software licensing, outsourcing and systems integration. It looks at the ways that disputes can arise, sets out practical steps for analysing a potential claim and considers appropriate remedies, alternative dispute resolution (ADR) and settlement. The type of legal issue in an IT dispute varies, with some disputes focusing on IP infringement or negligence, for example. However, the vast majority of IT disputes will have contractual issues at their heart—and this is the focus of this Practice Note. For guidance on other areas which may be relevant to IT disputes, see: • Contractual breach damages and remedies—overview • Tort and negligence claims—overview • General IP disputes—overview • Data protection regime—overview This Practice Note covers: • why disputes arise • how to analyse disputes • whether there is a contract • implied terms of the contract • defendants and remedies • the status of the contract • exclusions and restrictions • other restrictions • alternative dispute resolution Why do disputes arise? IT disputes often arise in the context of a customer who seeks an IT solution for its business and contracts with a supplier to provide that solution. This might include: the installation of, and supply of training to

Website design and development

Website design and development This Practice Note looks at the main legal and commercial issues when engaging a third party to design and build a new website. It covers: • Website design • Website development • Contract structures • Scope of work and specification • Pricing • Project management • Testing and acceptance • Supplier obligations • Change control • Intellectual property • Software issues • Warranties • Website compliance rules • Website support • Website hosting Websites can range from simple HTML plain-text sites to complex internet applications, social network services and business platforms. Consumers expect modern websites to be sophisticated, interactive, functional, and responsive—features which web developers and web designers must factor into the planning and development process. Website development agencies usually employ both developers and designers to handle projects from start to finish. It is not uncommon, however, for developers or designers to work independently on a freelance basis—either outsourced by agencies or contracted directly to customers. This means that customers may not always engage with one agency, but several developers/designers independently at various stages of development projects. In any case, it is important to understand the role and purpose of each specialist discipline throughout the development process including the type of work carried out respectively. For template agreements, see Precedents: • Website development agreement—short form • Website development agreement—long form Website design Website designers deal with the graphical, navigational and technical design of the website. They create the design output

Construction case tracker—2020 [Archived]

Construction case tracker—2020 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2020 considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction case tracker • Construction case tracker—2019 [Archived] • Construction case tracker—2018 [Archived] • Construction case tracker—2017 [Archived] • Construction case tracker—2016 [Archived] • Construction case tracker—2015 [Archived] Public procurement cases are listed in the UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner (Appeal cases). Judgment date Case Topic News Analysis Summary 31 Dec 2020 JSM Construction Ltd v Western Power Distribution (West Midlands) Plc [2020] EWHC 3583 (TCC) Payment Court considers requirements of HGCRA 1996, s 109 and s 110 (JSM Construction v Western Power Distribution) The claimant argued that, because the parties’ contract contained no final account regime, the contract did not provide an adequate payment mechanism as required by section 110 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and a provision for final payment should therefore be imported from the Scheme for Construction Contracts. The defendant applied for

Key issues in software licence agreements

Key issues in software licence agreements Software can be broadly defined as a computer program comprising a series of instructions which, in combination with the underlying hardware and inputs from an end user, allow or cause a computer to perform a specific operation. There are various categories of software based on the operation it causes the computer to perform. For example, operating systems such as Microsoft Windows or Apple’s macOS control and manage a computer’s basic functions. A computer’s operating system is what recognises input from devices like the keyboard and mouse, sends output to the monitor and manages the sharing of memory between programs. At the other end of the scale are applications which sit on top of the computer’s operating system and provide a particular, visible function to the end user of the machine. Examples of applications range from word processors to media players to games. A software licence is a binding agreement that grants a customer the right to use a defined piece of software subject to certain restrictions. This Practice Note considers the following issues and key terms in software licence agreements: • Identifying the software • Licence grant and scope • Delivery • Charges • Acceptance testing • Intellectual property rights • Record keeping and audit rights • Warranties and indemnities • Limitation of liability • Escrow • Support • Export controls • Termination It focuses primarily on deployed software installed on an end user’s computer system as

Incentivising supplier performance under an outsourcing arrangement

Incentivising supplier performance under an outsourcing arrangement Most outsourcing contracts will contain a range of mechanisms intended to incentivise suppliers by either punishing poor performance, or rewarding performance that exceeds the required level. This Practice Note focuses on the following common methods of supplier incentivisation: • Service credits, earnback and service bonuses • Late delivery payments and early delivery bonuses • Gainsharing • Results-based contracting • Oversight arrangements The tools discussed below are only part of a wider picture when it comes to incentivising supplier performance. Outsourcing contracts are often long-term arrangements requiring an ongoing relationship between the parties. As such, it often makes sense for the customer to recognise that: • it may be prudent to take a reasonably balanced approach and avoid pushing all risk onto the supplier • it has an ongoing role in ensuring the success of the services and the supplier relationship generally • formal legal remedies are not always the best way to solve problems, and • the supplier should be able to make an appropriate return on its services Service credits, earnback and service bonuses Overview Most outsourcing contracts will include a service level regime. These are intended to provide an objective method of defining the performance standards expected of the supplier. The rationale for such regimes is that occasional performance failures are inevitable in any long-term contract. However, for non-critical failures, it will not be appropriate for the customer to pursue damages

PFI/PPP terms (Glossary)

PFI/PPP terms (Glossary) Abandon Describes a situation where the contractor stops carrying out the works for a prolonged and consecutive period of days (eg 20 business days) or for a longer non-consecutive period of days throughout the life of the project (eg 60 business days) and does so wilfully and without a reason. Abandonment is usually classed as a contractor default which would allow the authority to terminate the Project Agreement and/or allow the Project Co to terminate the construction contract. Acceptance Tests Tests undertaken to see if the facility (or other project asset) meets the standards required for the Authority to accept the facility as complete. Access Protocol The protocol which must be adhered to by Project Co in order to gain access to the buildings which form part of the project. For example on a social housing project or a school, certain criteria would need to be met by Project Co before it or its Contractor could access dwellings or the school to undertake repairs or refurbishment. Adjudicator An individual nominated to resolve disputes. Disputes are referred to an adjudicator who will then resolve them within a short timescale circa 28 days. The Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) as amended by the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009) entitles a party to a 'construction

Great Britain electricity interconnector projects—construction contracts

Great Britain electricity interconnector projects—construction contracts This Practice Note examines some key issues in the construction arrangements of electricity interconnector projects carried out in the UK. Electricity interconnectors are large transmission cables that transmit electricity from one country to another. An interconnector project will include the manufacture and installation of the cable itself (normally high voltage direct current (HVDC)) and the construction and fit out of an electricity substation (known as a converter station) at either end, which converts electricity between Alternating Current (AC) and Direct Current (DC). AC is used in each country’s transmission system, while DC is used for sending electricity along the high voltage subsea cables. For an introduction to electricity interconnectors, and how and where they operate in the UK, see Practice Note: Great Britain electricity interconnectors. Electricity interconnector projects usually require a contractual structure comprising either one ‘wrapped’ construction contract or two separate construction contracts (see section ‘Form of contract used on electricity interconnector projects’) to: • manufacture and install a cable which will carry the electricity between the countries or territories, and • construct the converter stations at either end of the interconnector cable (once manufactured and installed) into which the interconnector cable runs Existing and planned subsea electricity interconnectors connect the UK electricity transmission system with the equivalents in neighbouring countries such as France, Ireland, the Netherlands and the Scandinavian countries. Subsea interconnectors also operate (or

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Mobile application development agreement—pro-customer

Mobile application development agreement—pro-customer This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [an experienced developer of mobile applications and] [insert the Supplier’s background details and the background to the relevant transaction]. (B) The Customer is [insert the Customer’s background details]. (C) The Supplier wishes to develop the Mobile App (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them in this Agreement, including without limitation as set out below: Acceptance • means the successful completion of all Acceptance Criteria for all Acceptance Tests; Acceptance Criteria • means, in relation to an Acceptance Test, the criteria which must be met for that Acceptance Test to be successfully completed as set out in Schedule 9; Acceptance Tests • means the mutually agreed tests in accordance

Software development agreement

Software agreement'>development agreement This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [insert Supplier’s background details and the background to the relevant transaction]. The Customer is [insert Customer’s background details]. (B) The Supplier wishes to develop certain Software (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them in this Agreement, including without limitation as set out below: Acceptance or Accepted • means in relation to any Software successful completion of the Acceptance Tests or deemed acceptance in accordance with this Agreement; Acceptance Tests • means the mutually agreed tests in accordance with this Agreement to assess whether the Software conforms with the Specification [and/or other applicable requirements under this Agreement]; Associate • means in relation to a party, any other entity

Systems integration agreement—pro-supplier

Systems integration agreement—pro-supplier This AgrEement is made on [date] Parties 1 [insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer wishes to procure software, [hardware], software configuration and development services, installation services and other related services. (B) The Customer has agreed to procure the Services from the Supplier and the Supplier has agreed to provide the Services to the Customer on the terms and conditions of this Agreement. The parties agree as follows: 1 Definitions and Interpretation 1.1 In this Agreement the following terms have the following meanings: Acceptance • means that: (a) the Customer confirms in writing that the Software has passed or is deemed to have passed the relevant Software Acceptance Tests; and/or (b) the Supplier confirms in writing that the Supplied Hardware has passed or is deemed to have passed the relevant Hardware Acceptance Tests, as the context so requires, and Accept shall be construed accordingly; Acceptance Criteria • means the criteria to be satisfied to demonstrate that: (a) the Software Acceptance Tests have been successfully completed as determined pursuant to

Systems integration agreement—pro-customer

Systems integration agreement—pro-customer This Agreement is made on [date] Parties 1 [insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer wishes to procure software, [hardware], software configuration and development services, installation services and other related services. The Supplier has represented to the Customer that it is experienced in the provision of such services to customers in the [insert relevant industry, eg retail] industry. (B) The Customer has agreed to procure the Services from the Supplier and the Supplier has agreed to provide the Services to the Customer on the terms and conditions of this Agreement. The parties agree as follows: 1 Definitions and Interpretation 1.1 In this Agreement the following terms have the following meanings: Acceptance • means that: (a) the Customer confirms in writing that the Software has passed or is deemed to have passed the relevant Software Acceptance Tests; and/or (b) the Supplier confirms in writing that the Supplied Hardware has passed or is deemed to have passed the relevant Hardware Acceptance Tests, as the context so requires, and

Acceptance testing clause

1 Definitions Acceptance Tests means the tests designed and agreed in accordance with clause 2 to verify that the Software meets the requirements of[ this Agreement, including] the Specification[ and [specify any other relevant documentation]] [ in all material respects] including: (a) a description of the tests that should be run in order to demonstrate that the Software meets all applicable requirements; (b) the results which must be achieved in order for the Software to meet all applicable requirements; (c) any specific requirements with regard to types and volumes of data to be used when running the tests; and (d) any independent standards to be observed when running the tests; [, or failing any such agreement, the Supplier’s standard test procedures;] Conditional Pass means that the Software has failed the SAT but with only Minor Defects; Factory Acceptance Testing shall have the meaning given to it in clause 3.1 of this Agreement and FAT shall be interpreted accordingly; Full Pass means that the Software has passed the SAT; Implementation Plan means the timing and sequence of events agreed between the Customer and the Supplier for the performance of this Agreement

Software development agreement—pro-customer

Software agreement'>development agreement—pro-customer This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [an experienced software developer and] [insert the Supplier’s background details and the background to the relevant transaction]. (B) The Customer is [insert the Customer’s background details]. (C) On the terms of this Agreement, the Supplier will develop software for the Customer, and licence (or procure the licensing of) certain other software applications. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Acceptance • means the successful completion of all Acceptance Criteria for all Acceptance Tests; Acceptance Criteria • means, in relation to an Acceptance Test, the criteria which must be met for that Acceptance Test to be successfully completed as set out in Schedule 3; Acceptance Tests • means the tests in accordance with this Agreement to assess whether the Software (or any part of it) conforms with the requirements under this Agreement as set out in

Wi-fi services agreement

Wi-fi services agreement This Agreement is made on [insert date] (the Commencement Date) between the following parties: Parties 1 [insert supplier’s name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (Supplier); and 2 [insert customer’s name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (Customer), each a party and together the parties. Background (A) The Supplier’s business is to provide wi-fi services. (B) The Customer wishes to give its personnel and visitors access to a network of wi-fi hotspots. (C) The Supplier wishes to provide wi-fi services to the Customer so that the Customer can provide its personnel and visitors with access to a network of wireless hotspots in accordance with the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement: Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Commencement Date • means [insert date]; Confidential Information • means all information of a confidential nature (in any form) which is imparted or disclosed to, or otherwise obtained by a party (whether directly or indirectly) including the other party’s know-how, trade secrets, financial, commercial, technical, tactical, strategic, marketing or customer information, employee information, any information agreed to be or marked as confidential,

Multi-sourcing (towers) agreement

Multi-sourcing (towers) agreement This Agreement is made on [date] Parties 1 [Customer] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Customer); and 2 [Supplier] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier) each of Customer and Supplier being a party and together Supplier and Customer are the parties. BACKGROUND (A) The Customer wishes to outsource the provision and management of its [describe function] services to the Supplier, in conjunction with the Customer’s appointment of a number of other service providers to provide related and/or interdependent services, and with whom the Supplier will be required to collaborate (along with any third party who the Customer may appoint to provide overall coordination and management of its multi-supplier ecosystem, on a service integration and management (SIAM) basis). (B) The Customer’s requirements are currently provided [internally OR by an associated company] [by insert name of existing supplier]. (C) The Supplier is experienced in the design, development and implementation of [describe function] services and has agreed to be responsible for the provision and management of the relevant part of the Customer’s functions and to collaborate with the Customer’s other service providers. (D) The Customer issued a request for proposal (RFP) on [date], the Supplier responded to the RFP (Response) on [date]. (E) On the basis of the Supplier’s Response and subsequent

Outsourcing agreement—long form

Outsourcing agreement—long form This Agreement is made on [date] Parties 1 [Customer] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Customer); and 2 [Supplier] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier) each of Customer and Supplier being a party and together Supplier and Customer are the parties. BACKGROUND (A) The Customer wishes to outsource the provision and management of its [describe function] services to the Supplier. (B) The Customer’s requirements are currently provided [internally OR by an associated company] [by insert name of existing supplier]. (C) The Supplier is experienced in the design, development and implementation of [describe function] services and has agreed to be responsible for the provision and management of the relevant part of the Customer’s functions. (D) The Customer issued a request for proposal (RFP) on [date], the Supplier responded to the RFP (Response) on [date]. (E) On the basis of the Supplier’s Response and subsequent discussion between the parties the Customer has selected the Supplier to provide the Services to the Customer, subject to the terms and conditions set out in this Agreement. It is agreed as follows: Part a definitions and interpretation 1 Definitions 1.1 In this Agreement, unless the context otherwise requires, capitalised terms shall have the meanings set out below. Acceptance • means the written acknowledgement by the Customer that the Work

Search engine optimisation agreement

Search engine optimisation agreement This Agreement is made on [insert date] Parties 1 [insert supplier name] a company incorporated in [England and Wales] whose registered company number is [insert company number] and whose registered office is at [registered office address] (Supplier). 2 [insert customer name] a company incorporated in [England and Wales] whose registered company number is [insert company number] and whose registered office is at [registered office address] (Customer). each of Customer and Supplier being a party and together the Customer and Supplier are the parties. Background (A) The Customer operates [a website OR certain websites]. (B) The Supplier offers internet marketing and website optimisation services. (C) The Customer agrees to engage the Supplier to provide certain services in relation to the Customer’s website[s], and the Supplier agrees to provide the same, on the terms and conditions of this Agreement and in each Order Form (as defined below) agreed by the parties from time to time under this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Acceptance Criteria • means the criteria to be satisfied to demonstrate that the Acceptance Tests for the Deliverables have been successfully completed, as determined pursuant to Schedule 2; Acceptance Tests • means the acceptance testing procedures detailed in Schedule 2; Applicable Laws • means all applicable laws, legislation, regulations, statutes, statutory instruments, edicts, by-laws or directions or guidance from government or governmental agencies which have the force

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Where can I find examples of acceptance testing clauses for software?

Where can I find examples of acceptance testing clauses for software? Acceptance testing is the process under which a customer establishes that software (or other deliverable) operates correctly and meets the specifications agreed with the supplier. Acceptance testing provides an element of quality control which enables defects to be identified early. If the software fails the acceptance tests then the customer will be entitled to a remedy. Common contractual remedies include: • requiring the supplier to rectify any faults and then submitting the software for further acceptance tests • accepting the software with its faults but at a reduced price, and • if the faults are substantial, or cannot be rectified within a reasonable timeframe by the supplier,

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Deliveroo riders are not workers with ECHR Article 11 right to form trade unions: confirmed (The Independent Workers Union of Great Britain v The CAC)

Employment analysis: Only those in an employment relationship benefit from the right under article 11 of the European Convention on Human Rights (ECHR) to form trade unions for the protection of their interests. Whether an employment relationship exists is to be answered by reference to the criteria identified in International Labour Organisation Recommendation 198 including whether the work must be carried out personally. In this case the Central Arbitration Committee (CAC) had held that the Deliveroo riders had a genuine, virtually unlimited, right of substitution and so did not have to provide services personally to Deliveroo and were therefore not in an employment relationship with them. In its dismissal of a judicial review of that decision, the High Court did not err in its finding that the riders did not have article 11 rights which might affect that, according to the Court of Appeal.

Construction weekly highlights—9 July 2020

This week's edition of Construction weekly highlights includes the publication of a judgment in which the court refused to injunct adjudication proceedings following the outbreak of the coronavirus (COVID-19) pandemic (Millchris Developments v Waters), a case in which the court considered implied terms as to good faith in the context of a PFI contract (Essex County Council v UBB Waste) and an analysis exploring the impact of coronavirus on the concept of good faith.

Commercial weekly highlights—9 July 2020

This week’s edition of Commercial weekly highlights includes: the latest Brexit and coronavirus (COVID-19) updates, an analysis of the judgment in Essex County Council v UBB Waste, which considered (among other things) the implied duty of good faith, an analysis of the judgment in Lamesa Investment Ltd v Cynergy Bank Ltd on the construction of standard form contracts or contracts containing standard form terms, and the latest ASA rulings.

Dispute Resolution weekly highlights—9 July 2020

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and judicial decisions, including those of the Court of Appeal in Lamesa Investments Ltd v Cynergy Bank Ltd (contract interpretation), TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd (stay on possession claims), Sofer v Swissindependent Trustees SA (strike out) and Fatima v Family Channel Ltd (non-attendance); dates for your diary; details of our most recently published content (including Q&As); and other information of interest to general dispute resolution practitioners.

Local Government weekly highlights—9 July 2020

This week's edition of Local Government weekly highlights is predominantly focused on the summer economic updates 2020, the latest legislation, guidance and news on coronavirus (COVID-19) including its impact on governance, healthcare, education, social care, social housing and highways. It includes information on the £1.57bn emergency package to help the arts amid coronavirus, the temporary ban on conditional and unconditional offers for university and information on Leicestershire’s local lockdown; case analyses on TFS Stores v Designer Retail Outlet Centres (Mansfield) General Partner which held that the stay on possession claims should not be lifted and R (On the application of Escott) v Chichester District Council which held local authorities owe no duty to provide furnished accommodation. Non-COVID-19 related updates include the 2020 summer economic updates; analysis on how the Brexit transit period can be extended; analysis of Essex County Council v UBB Waste on the duty of good faith; case report on Wycombe District Council v Snowball; report on R (on the application of Cornerstone (North East) Adoption and Fostering Service Ltd) v Office for Standards in Education, Children's Services and Skills; report on R (on the application of JP (by his father and litigation friend)) v NHS Croydon Clinical Commissioning Group; case analysis of Somerset County Council v Secretary of State for Education in which an Academy Order was quashed due to its impact on a local school reorganisation strategy; case report on R (on the application of AW) v St George's, University of London; report on A local authority v PB (by his litigation friend, the Official Solicitor); report on A NHS Foundation Trust v MC; report on A Local Authority v AB; report on Re GC (a child) (withdrawal of care proceedings); report on Re T (a child) (adoption order: refusal of adoption order). It also includes further Brexit, governance, education, healthcare, social care, social housing, planning and licensing updates.

Public Law weekly highlights—9 July 2020

This week's edition of Public Law weekly highlights includes selected Brexit headlines, including progress in the intensified talks on the future UK-EU relationship, consultation on regulations extending powers for courts and tribunals to divert from retained EU case law, Lords consideration of the Independent Monitoring Authority, plus all the latest Brexit legislation. Coronavirus (COVID-19) updates include proposals for an end to the ban on child visits in prisons and an update on the ICO approach to data protection obligations, plus all the latest coronavirus legislation. Also in this edition, updates on HM Treasury’s Summer Economic Update 2020, UK’s Global Human Rights Sanctions Regime, a round-up of key developments on State aid, plus analysis of Outsourcing Playbook V2.0 and the diplomatic exercise of reimposing EU State aid rules. Case analysis this week includes judgments looking at human rights violations of recruitment policies and the duty of good faith in public sector contracts.

In-house weekly highlights—9 July 2020

Welcome to this week’s edition of the In-house highlights, a curated summary of news analysis and new content from across the legal landscape.

Duty of good faith did not oblige a party to give up its contractual rights (Essex County Council v UBB Waste)

Commercial analysis: The court found that Essex County Council (the Authority) were entitled to terminate a Private Finance Initiative (PFI) contract where the contractor was unable to pass acceptance tests. In particular, the judgment considered a number of issues with general commercial relevance, including relational contracts and the implied duty of good faith, whether there was an implied time limit for exercising termination rights and the independence, impartiality and objectivity of expert witnesses. Written by Antony Smith, partner, and Emily Hunt, trainee solicitor, at Beale & Company Solicitors LLP.

Construction weekly highlights—25 June 2020

This week's edition of Construction weekly highlights includes an analysis of the Supreme Court’s ruling in Bresco v Lonsdale that an insolvent claimant could pursue an adjudication despite the defendant’s cross-claim, the announcement of new measures to help the construction industry return to work safely amid the coronavirus (COVID-19) pandemic and the launch of a review of the Construction Products Regulation.

ECHR right to freedom of association does not make Deliveroo riders workers (R (on appln of IWGB) v CAC re Deliveroo)

Employment analysis: For an individual, who is not an employee, to qualify as a ‘worker’ under section 296 of TULR(C)A 1992 (which applies in the context of an application for trade union recognition), they must work under a contract in which they undertake to perform personally any work. However, the right to freedom of association in Article 11 of the European Convention on Human Rights (including the right to collective bargaining) is not engaged when interpreting the word ‘worker’ in section 296. That right under Article 11 does not therefore affect the meaning of ‘perform personally’ to make Deliveroo riders into workers so that they are not excluded from the right to collective bargaining, according to the High Court.