LAA 'embarrassment clause' challenge
Published: October 5 2016
There is an update to this news story here.
Public Law Project has outlined serious concerns on behalf of clients about the LAA’s new 'embarrassment clause'. The LAA has introduced the clause in its latest standard crime contract tender and it may be incorporated into civil contracts. Breach can lead to sanctions or contract termination, as is considered 'proportionate'.
Public Law Project sent a pre-action letter last week on behalf of clients, London Criminal Courts Solicitors’ Association and Tuckers Solicitors LLP, identifying a range of scenarios caught by the clause. The clause states the following:
2.2 You shall ensure that neither you nor any of your Affiliates embarrasses us or otherwise brings us into disrepute by engaging in any act or omission which is reasonably likely to diminish the trust that the public places in us, regardless of whether or not such act or omission is related to your obligations under this Contract. Any operation of this Clause is subject to our obligation to act as a responsible public body and any sanction must be proportionate. [emphasis added]
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