An important new judgment has been handed down by the High Court in relation to the question of whether a breach of the Public Contracts Regulations 2015 is "sufficiently serious" to warrant an award of damages. In Braceurself Limited v NHS England [2022] , the claimant was successful in arguing...

The government has pledged to help businesses cope with the unprecedented challenges posed by the Coronavirus pandemic. But amid the raft of measures that have been announced, businesses need to understand which schemes will apply to them, how those schemes operate and what other considerations they need to bear in...

The split of the Spanish Commission on Markets and Competition will give rise to two new authorities. The Spanish Government is concluding the negotiations with the main opposition parties to dissolve the current Spanish Commission on Markets and Competition (“ CNMC “) and to replace it with two independent organisms...

In the recent case of James Waste Management LLP v Essex County Council, the High Court considered whether a modification to the council's integrated waste handling contract was a substantial modification resulting in a potential breach of the Public Contract Regulations (PCR) 2015. Regulation 72(8) sets out a list of...

In January, Regulation 1215/2012, of the European Parliament and the Council came into force, which permits the recognition and enforcement of judgements in civil and commercial matters throughout the EU. The conquest of the referred to ‘fifth freedom in Europe’ is a reality since the 10 January 2015. With the...

In recent weeks, Manchester City has initiated a legal challenge against the Premier League's Associated Party Transaction (APT) rules, with arbitration proceedings expected to last two weeks. Manchester City alleges that the APT rules are unfairly discriminatory, anti-competitive and represent a " tyranny of the majority ". The arbitration commenced...

In a recent podcast , Simon Neill and Katrina Anderson discussed the Competition and Market Authority's (CMA) new powers to seek an "online interface order" to force websites, platforms and marketplaces to take down content that harms the collective interests of consumers and breaks EU consumer law. These powers were...

The UK chancellor, Jeremy Hunt, confirmed in his Autumn Statement that the government will bring in new legislation to protect consumers from fake reviews and subscription protection and give the Competition and Markets Authority (CMA) new powers to deal with anti-competitive practices in digital markets. This is likely to include...

From 27 June 2021, organisations will be able to use the European Commission's long-awaited new Standard Contractual Clauses (SCCs), also known as model clauses, for data transfers from the European Economic Area (EEA) to recipients in third countries. Issued on 4 June 2021, they replace the existing, or old, SCCs...