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Would I lie to you?

08 July 2010 / Alison Mayfield
Issue: 7425 / Categories: Features , LexisPSL
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Don't make (tender) promises that you cannot keep, says Alison Mayfield

Commercial lawyers have been advising clients ad nausem to counsel sales departments and negotiators to curb their wild enthusiasm for winning business in favour of more conservative but realistic claims about either the abilities of the service providers to do the job or the qualities of the goods on sale. So, few of us will have failed to register with some satisfaction the recent decision of BSkyB Limited and another v HP Enterprise Services UK Ltd (formerly EDS Ltd) and others [2010] All ER (D) 192 (Jan). 

The defendant won a tender to provide a customer relationship management system. Ultimately the new system was four years late in its delivery and the delivery process had been hampered by delays and renegotiations. As a result BSkyB alleged that EDS had fraudulently misrepresented its ability to deliver the Customer Relationship Management system prior to entering into a letter of intent, prime contract and letter of agreement and claimed damages for deceit of £270m arising

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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