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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 from the pre-contract representations which had been relied upon by

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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