With Storm Brendan causing disruption across Scotland, it's an appropriate time to reflect on the importance of a "force majeure" clause within commercial contracts, particularly for those operating in the marine economy.
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Latest articles from Jill Fryer
According to very recent news reports, IAG (the owner of British Airways) has complained to the European Commission that the "bail out" given to Flybe breaches State Aid rules. These recent reports also serve to remind us that, although we are "leaving" the EU on 31 January 2020, the impact of EU law (which includes the State Aid rules) will continue.
Jill Fryer is a Senior Associate at Harper Macleod and has extensive experience advising public and private sector clients in relation to public procurement. Here she looks at the minefield to be navigated when a contracting authority want to modify a contract after it has been awarded.
Just before Christmas, the European Court issued a judgment in the Remondis case, which developed a 3rd principle which can be relied on by public bodies wishing to "outsource" without the requirement for a procurement procedure.
The UK's vote to leave the EU will have ramifications for almost every aspect of our lives and public procurement, where the vast majority of our national rules are derived directly from EU law, is no exception. Although we have been assured that "Brexit means Brexit", at the time of writing we are no clearer on what it will actually look like.