The lack of performance delivery/enforcement clauses for the outsourcers’ and management consultants’ abysmal performance of their roles in the Test And Trace programme has been getting some new attention this week.
@HSJnews readers know that I wrote about these issues a month ago, linking to and quoting those contracts. hsj.co.uk/policy-and-reg…
This week, care minister Helen Whately explained in a written Parliamentary Answer that “contractual penalties are often unenforceable under English law so they were not included in test and trace contracts with Serco or Sitel”.
This is incorrect, according to the prominent lawyer & commentator @DavidAllenGreen. His whole Twitter thread is (as usual) worth reading: “this means the Minister and the government has had poor commercial law advice: the rule against contractual penalties is more lore than law.
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