The legal assessment of the role of commercial law in public-private partnerships : the lessons learnt from the Carillion collapse : quo vadis?

Abstract

Section 1 of this Dissertation goes into what PPPs are and further delves into the two main types, BOO (Build Own Operate) and BOT (Build Own Transfer). It focuses on the main characteristics and advantages that PPPs offer as well as discusses the issue of PPPs not being regulated. This section is also able to lay bare the role PPPs play in the UK in contrast to the situation in Malta which, is little to none. Section 2 discusses all there is to know about Carillion. The who, what, when, how, and why this top infrastructure company in the UK ended up having to be liquidated. It explains all the mistakes that led to Carillion’s downfall, with its directors playing a major role. It further explores the notion of liquidation both in the UK and in Malta. This section also examines the role of the Official Receiver, in particular the role he played in Carillion. Section 3 delves into two main topics, mainly the Board of Directors and The Pensions Regulator which were highly relevant during Carillion’s collapse. The mistakes carried out by Carillion are portrayed as being lessons to be learnt from by other companies. Section 4 welcomes us with a lesson learnt from Carillion regarding government outsourcing. This part brings forward the government’s mistakes, which then, however, turned into a lesson. The government learnt from its wrongdoings concerning Carillion and went on to publish an Outsourcing Playbook in February 2019 to better its role. There shall be reference to both UK and Maltese law, in particular, the UK Insolvency Act 1986, UK Companies Act 2006 and the Maltese Companies Act, Chapter 386 of the Laws of Malta.