Commercial Matters: Recent Episodes
Mindful Contract Solutions
Commercial Matters is a podcast for leaders of major transformation programmes looking to confidently tackle niggling supplier relationship issues in their IT programmes.
The podcast is hosted by Amit Kapoor who is a commercial consultant on major transformation programmes, across a range of sectors in the UK. If you are looking to sharpen your commercial mindset, this show is right for you.
Disputes can have a devastating impact on technology and outsourcing programmes as they are notoriously time-intensive and expensive to resolve. A case in point was Soteria (erstwhile CIS) v IBM – a high profile IT dispute that was finally decided by the Court of Appeal in 2022. In this episode, we are joined by two special guests Adam Fortune (dispute resolution lawyer) and Gill Hunt (Technology expert witness), who were engaged by the Addleshaw Goddard team representing the successful party in the case. Adam and Gill share their thoughts on whether it is possible to catch disputes early and nip them in the bud. Also, what the optimal ways of managing a dispute are. If you lead or manage IT and outsourcing programmes, however much you hate the thought of a dispute, this is an absolute must-listen!
Link to Adam’s profile on Linkedin: https://www.linkedin.com/in/adamfortune/
Link to Gill’s profile on LinkedIn: https://www.linkedin.com/in/gillhunt/
Link to the Court of Appeal judgment in Soteria v IBM: http://www.bailii.org/ew/cases/EWCA/Civ/2022/440.html
In this episode, I talk through my experiences through the SQE2 exam. If you are giving the exam anytime soon, hope this helps and good luck.
Following on from our last podcast Common Traits of Bids that Lose, we continue our series focusing on how bidders can improve the quality of their submissions.
In this podcast, discover the Five Traits that Make Bids Outstanding. From examining question responses and content presentation to independent bid reviews, Amit Kapoor discusses practical ways to improve your bid win ratio.
We would be pleased to receive feedback from the supplier community, and let us know if you have been able to improve your submissions following our practical advice.
As a procurement professional, Amit Kapoor has had privileged access to a lot of proposals from suppliers. Over the next few episodes, we will be focusing on tenders and the tendering process.
First up, discover how you can improve your next submission, by identifying the most common traits featured in unsuccessful bids, and learning how to avoid making the same mistakes.
Supply proposals haven't really evolved much over the last 10 years, with unsuccessful bidders only being privy to basic feedback about why they lost and their competitor won. By sharing his expertise, Amit Kapoor will help the supplier community to improve their internal pre sales processes and increase their chance of achieving a successful bid.
The podcast is hosted by Amit Kapoor, a commercial consultant on major transformation programmes across a range of sectors in the UK. In our latest episode, he discusses the four key competencies you should be looking for when selecting a commercial professional for your programme.
For more podcasts, please do not forget to subscribe to this channel, and follow our social media pages on Twitter and LinkedIn.
In this podcast, discover the 4 most common misconceptions that Programme Leaders have when it comes to Contract Law.
In this episode, Amit Kapoor, Director of Mindful, refers to two examples of case law:-
https://www.bailii.org/uk/cases/UKSC/2018/24.html Rock Advertising v MWB Business Exchange Centres.
http://www.bailii.org/uk/cases/UKSC/2015/67.html Parking Eye v Beavis
For more podcasts, please do not forget to subscribe to this channel, and follow our social media pages on Twitter and LinkedIn.
In this podcast, discover the 3 bad habits you should avoid getting into if your business does not have the guidance and expertise of a commercial professional.
In this episode, Amit Kapoor, Director of Mindful, refers to an article he previously produced for Sussex Innovation Centre entitled "When should you inject commercial management into your business?"
For more podcasts, please do not forget to subscribe to this channel, and follow our social media pages on Twitter and LinkedIn.
In this podcast, Amit Kapoor interviews Richard Kerr, Senior Director in Expert Services Practice at Kroll. Richard is an expert independent advisor, specialising in the rectification and avoidance of problematic technology, outsourcing and change implementations.
In their discussion Richard and Amit explore the role of an expert witness in technology disputes, the importance of a well defined project plan and litigation.
Revolutionise your negotiation practice and apply three key techniques that are often absent in actual negotiations.
In this podcast, Amit Kapoor shares his best practice for achieving successful negotiation outcomes, based on his extensive experience as a commercial professional.
Occasionally in IT programmes, some suppliers can be paid sums that may contractually not be due yet.
In this podcast episode, Amit Kapoor refers to recent case law and gives his view on whether you can recover such payments.
Further Readings:
Dargamo Holdings Ltd & Anor v Avonwick Holdings Ltd & Ors: https://bit.ly/3xxniB4
In this episode, Amit Kapoor explores the enforceability of liquidated damages clauses and whether they’ll deliver for you in court.
We also look at how fine print in your contract can mean you have a very short time to decide if you want to pursue a legal remedy through courts.
Further readings:
Triple Point v PTT: https://bit.ly/2V06zsq
Arab Lawyers v Thomson Reuters: https://bit.ly/3wX4TND
What may have been acceptable practice a few years back, may no longer be acceptable today…
In this episode, we will be focusing on some aspects where you might wish to have a rethink on whether you want to continue with that practice.
Further readings:
Credico Marketing v Lambert et al.: https://bit.ly/2UByKhk
Jamp Pharma v Unichem Laboratories: https://bit.ly/3wzDK3l
Join us for the inaugural episode of our new Podcast series Upward Feedback. The purpose of this series is to gain perspectives from different client-side roles in a digital transformation programme.
In our first episode, Ajay Khandelwal, a Business Intelligence Consultant at Home Office, explores the qualities of an outstanding Business Intelligence consultant, and how someone in his position overcomes certain pain points experienced in major programmes.
In the final episode of our podcast series on managing supplier relationships, Amit Kapoor explores 3 things you should avoid doing in a relationship with a supplier.
We also look at 3 best practices you can put in place so that your relationship with a supplier can prosper.
How do you react as a buyer when you discover that an incident of a security nature has occurred in the programme?
In Episode 4 of our series on managing supplier relationships, Amit Kapoor explores 3 things you can do when faced with an incident like this.
In this Episode, Amit Kapoor explores the 3 different forms of overcharging in major transformation programmes.
We also look at 3 actions that you as a buyer could take where you discover that you have been wrongly overcharged.
Further readings:
Pricing Models Blog: https://bit.ly/3tqEoPI
In Episode 2 of our series on managing supplier relationships, Amit Kapoor explores the significance of programme delays on the relationship between a buyer and a supplier.
We also look at 3 tips that buyers can use to ensure that the issues of a delay are resolved amicably.
We are excited to begin our new podcast series, which will focus on managing supplier relationships in major programmes.
In Episode 1, Amit Kapoor explores the benefits of having a healthy relationship with your suppliers and looks at 3 practical tips you can employ in your programmes.
Before we begin our new podcast series on managing supplier relationships, Amit Kapoor explores what a client-side team is and what makes them so important to any complex transformation programme.
We also look at how you go about building one, as well as what commercial models can be used for engaging client-side teams.
Further readings:
Programme Staffing Playbook: https://bit.ly/3geRA6P
In the final episode of our podcast series on IT disputes, Amit Kapoor explores how you can get help when you are in a dispute.
We look at the 3 types of dispute professionals you are likely to come across, and the specific characteristics of each of those types.
This week on our podcast series on IT disputes, Amit Kapoor explores the damages that can be awarded to a party that wins in a court.
We also look at how you can apply the learnings from these ‘heads of losses’ when managing programmes on a day-to-day basis.
Further readings:
IBM court case: //bit.ly/3cc9djV
In Episode 3 of our podcast series on IT disputes, Amit Kapoor explains what crystallising a dispute means, and why it is more of an art than an exact science.
We also look at 3 considerations that you should take into account when deciding whether or not to crystallise a dispute.
Further readings:
IBM court case: //bit.ly/3cc9djV
In Episode 2 of Commercial Matters, Amit Kapoor explores the common version of events that tend to be argued by a buyer and a supplier locked in an IT dispute.
We also look at 3 things you can do in a programme upfront, to avoid the other side relying on such versions of events in the first place.
Join us for the inaugural episode of Commercial Matters.
In Episode 1 of our series on IT disputes, Amit Kapoor explores what makes such disputes complex, costly to resolve, and so common.
We also look at learnings we can take from disputes to avoid them happening in the first place.
Further readings:
IBM court case: https://bit.ly/3cc9djV