Public Law analysis: This case involved a successful application by a contracting authority under the Public Contracts Regulations 2015 (PCR), reg 96(1)(a) to lift the automatic suspension imposed by regulation 95 of the PCR. It provides further clarity on the test to lift the automatic suspension and the difficulties faced by those opposing such an application. As is usually the case in such an application, the contracting authority accepted (for the purposes of the application) that there was a serious issue to be tried such that the case centered on the delicate balance between the adequacy of damages and the balance of convenience. Mrs Justice Jefford, albeit with some hesitation, acknowledged that lifting the suspension could potentially disrupt the claimant’s business in ways that damages could not adequately compensate. However, compelling factors strongly favored lifting the suspension, highlighting the significant evidentiary burden on claimants and the challenges they face when contesting an application to lift the automatic...
To continue reading this news article, as well as thousands of others like it, sign in with ³ÉÈËÓ°Òô or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all ³ÉÈËÓ°Òô content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ³ÉÈËÓ°Òô services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
0330 161 1234