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08 July 2010 / Alison Mayfield
Issue: 7425 / Categories: Features , LexisPSL
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Would I lie to you?

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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