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More people will die if ministers respond to populist campaigns like this – politicalbetting.com

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  • HYUFD said:

    By August most of the vulnerable should have been vaccinated and no reason at all why the Olympics cannot go ahead.

    If necessary just livestream them without a crowd as they do now for Premiership Football or cricket for instance
    Field athletes could just stay at home and do it on Zoom. No need to go to Tokyo.
  • "berates"....Boris and the rest of the UK government has be atypically very calm and quiet over all of this, simply stating they have orders and believe they will be unaffected.
    Indeed, the govt recognise its EU politicians being seen to do something, but actually doing nothing, and are far less concerned or bothered about it than most on here. They might get some doses a week or two earlier if its possible, little else will change, vaccine exports wont be banned. By the spring there will be enough vaccines around that it will cease to be a political issue. The UK govt have handled it well.
  • kle4kle4 Posts: 98,537
    TOPPING said:

    They can deal with anyone and everyone. But this contract seems to say that no other deal should impede the delivery of the initial doses to the EU.
    Poor show by AZ if so - why sign an agreement saying all your other contracted customers are screwed in favour of another who came in later? Receipe for many angry customers.

    But I dont doubt lawyers will argue bith sides are right - its their job.
  • MaxPBMaxPB Posts: 39,817
    glw said:

    It implies that even outside the EU the UK ought to join with and cooperate with the EU most or even all of the time. It's like he hasn't even grasped the point of leaving the EU.
    I know, it's completely ridiculous.
  • TOPPINGTOPPING Posts: 43,703

    You draft the contract so that:
    1. The warranty is repeated, i.e. I have to notify you if it becomes false;
    2. I am obliged by separate obligation not to enter into a contract which might have that effect. But even then it would depend on the sequence of events.

    Really I would expect this more to be a due diligence thing. Do AZ have the systems in place? What are he risk factors? How dependent are they on other people? A response to that inquiry could be the ringfencing.

    I haven't read the rest of the contract, maybe it does one or more of those things.

    Thanks. Very interesting. Looking forward to some experts picking over this.
  • MattWMattW Posts: 26,615
    edited January 2021

    You draft the contract so that:
    1. The warranty is repeated, i.e. I have to notify you if it becomes false;
    2. I am obliged by separate obligation not to enter into a contract which might have that effect. But even then it would depend on the sequence of events.

    Really I would expect this more to be a due diligence thing. Do AZ have the systems in place? What are he risk factors? How dependent are they on other people? A response to that inquiry could be the ringfencing.

    I haven't read the rest of the contract, maybe it does one or more of those things.

    It says laws of Belgium for this one, presumably England for the UK version.
  • Luckyguy1983Luckyguy1983 Posts: 30,788
    Jonathan said:

    Education and teachers have had a rough ride through the pandemic. Quite frankly I thinks it’s fair enough to offer them a jab to standup in front of 30 snotty kids, breathing in a miasma of COVID farts.

    I am conscious of my Australian teacher friend who has a son with cystic fibrosis.
    I tend to agree. Teachers aren't a huge group either. They can be vaccinated without blowing a hug hole in over all sulpply.
  • TOPPINGTOPPING Posts: 43,703
    kle4 said:

    Poor show by AZ if so - why sign an agreement saying all your other contracted customers are screwed in favour of another who came in later? Receipe for many angry customers.

    But I dont doubt lawyers will argue bith sides are right - its their job.
    Absolutely. But at the time this was signed, AZN had already signed a contract with the UK. Hence my questioning.
  • dixiedeandixiedean Posts: 29,933
    HYUFD said:

    By August most of the vulnerable should have been vaccinated and no reason at all why the Olympics cannot go ahead. Athletes can quarantine before and after.

    If necessary just livestream them without a crowd as they do now for Premiership Football or cricket for instance
    The 2024 Olympics are in Paris. Are we confident the French will have been vaccinated by then?
  • Casino_RoyaleCasino_Royale Posts: 62,271
    kinabalu said:

    That seemed petty on the face of it. What do you think was the reason for it?
    The Foreign Office said it would set a precedent by treating an international body in the same way as a nation state. Other international organisations would apply leading to a proliferation of other such bodies seeking diplomatic status.

    The EU gets offended by being referred to as an international organisation as they view themselves as a supranational union of Europeans (all for one and one for all) and an emerging federal state.

    Under the skin, the issue is probably that the UK prefers to hold foreign, defence and security policy discussions with member states directly, and wants to deal with the EU institutions as little as possible.
  • Given it is an Indian company doing the fill and finish in UK...is that still part of these AZN contracts?
  • FloaterFloater Posts: 14,207
    MaxPB said:

    I know, it's completely ridiculous.
    How dare the UK do a better job than us, we should all fail together "solidarity"
  • IshmaelZIshmaelZ Posts: 21,830

    That is a warranty, and under English law (unless modified in the contract) would only have to be correct at the time it is given, when presumably AZ believed it could meet all orders simulatenously.
    The contract is subject to Belgian law. I am not sure what grounds there are for identifying it as a warranty (why could it not be for instance a representation or a condition?), or for thinking AZ ever thought that, given that it was talking about best reasonable efforts to scale things up.
  • glwglw Posts: 10,359
    edited January 2021

    Sorry if this has been discussed - I've been too busy to read the comments.

    The prioritisation list does not take into account the risk of exposure, just the risk of serious illness or death if you do catch the virus.

    Who has a greater risk of becoming seriously ill - a 45 year old classroom teacher/police officer/factory worker, or a 53 year old working from home and getting all of their groceries dropped off at the front door?

    In a ideal world you would indeed weigh up invididual risk and rank the entire population and then proceed in that order. In the middle of a pandemic that is bound to be far too slow a process, it's much better to pick broad segments of the population for vaccination to get the most people covered as quickly as possible.
  • malcolmgmalcolmg Posts: 44,082
    TOPPING said:

    But doesn't this change when they supply 100 things to the UK and 25 things to the EU?

    Would the EU be right in thinking that they had sufficient to give us 50 (because they manufactured 125) and they told us that no other contract would get in the way of that and hence they should give us 50?
    They still only have promised reasonable efforts , so can easily claim production difficulties etc and they reasonably tried to fulfill. AZ will win easy.
  • AlistairAlistair Posts: 23,670
    RobD said:

    Wasn't VdL saying "best efforts" didn't appear in the contract just this morning?
    "Best Reasonable Effort" is a completely different thing.

    Or something.
  • MaxPBMaxPB Posts: 39,817

    The Foreign Office said it would set a precedent by treating an international body in the same way as a nation state. Other international organisations would apply leading to a proliferation of other such bodies seeking diplomatic status.

    The EU gets offended by being referred to as an international organisation as they view themselves as a supranational union of Europeans (all for one and one for all) and an emerging federal state.

    Under the skin, the issue is probably that the UK prefers to hold foreign, defence and security policy discussions with member states directly, and wants to deal with the EU institutions as little as possible.
    The latter part is definitely true. The UK government and wider establishment would much rather deal with countries directly either bilaterally or multilaterally.

    Aiui, the EU isn't invited to the D10 summit during the G7 meetings but of course Germany, Italy and France are.

    If/when the EU decides it's a country then those 27 embassies get downgraded and our EU presence is upgraded.
  • malcolmgmalcolmg Posts: 44,082

    This today on Sky may help Malc

    http://news.sky.com/story/snp-faces-fresh-claims-that-high-ranking-party-figures-conspired-against-former-leader-alex-salmond-12201748
    Thanks G, so that has been out for some time , was in the trial and was Murrel , complainers and top civil servants , top SNP ,etc getting their plans in place etc and stupid enough to do on whatsapp
  • RobDRobD Posts: 60,350
    Alistair said:

    "Best Reasonable Effort" is a completely different thing.

    Or something.
    I thought she was saying that to suggest that there wasn't a get out "best effort" clause for AZN to exploit. In reality it was much more forgiving.
  • IshmaelZIshmaelZ Posts: 21,830
    TOPPING said:

    But doesn't this change when they supply 100 things to the UK and 25 things to the EU?

    Would the EU be right in thinking that they had sufficient to give us 50 (because they manufactured 125) and they told us that no other contract would get in the way of that and hence they should give us 50?
    Brings us back to what you mean by sufficient. I think the 100 are ringfenced, sacrosanct and nothing to do with the eu.
  • TOPPING said:

    They can deal with anyone and everyone. But this contract seems to say that no other deal should impede the delivery of the initial doses to the EU.
    I think you are missing a crucial point in this Topping. And I absolutely accept that I am not a lawyer so this is just my impression.

    The section 5.4 on Including the UK within the EU for the purposes of being an acceptable location for the production of vaccine for the EU is absolutely explicit that it applies only to that clause itself. The EU will accept vaccine produced within the UK without further question or need for confirmation from the EU.

    But it does not apply to any other clause in the contract. That is made explicit. So the EU cannot lay claim to vaccine from the UK factories for the purposes of fulfilling the clause about assured delivery. It simply does not apply.

    It is the only reason I can see that AZN have made sure that caveat is in the contract.
  • How would the EU's behaviour this week be any worse if they were being run by Donald Trump?
  • The Foreign Office said it would set a precedent by treating an international body in the same way as a nation state. Other international organisations would apply leading to a proliferation of other such bodies seeking diplomatic status.

    The EU gets offended by being referred to as an international organisation as they view themselves as a supranational union of Europeans (all for one and one for all) and an emerging federal state.

    Under the skin, the issue is probably that the UK prefers to hold foreign, defence and security policy discussions with member states directly, and wants to deal with the EU institutions as little as possible.
    Why not give diplomatic credentials to the EU and withdraw them from their regional satraps? It would be a lot cheaper with no obvious downside.
  • IshmaelZ said:

    The contract is subject to Belgian law. I am not sure what grounds there are for identifying it as a warranty (why could it not be for instance a representation or a condition?), or for thinking AZ ever thought that, given that it was talking about best reasonable efforts to scale things up.
    Obviously I am not qualified to opine on Belgian law.

    It could be a representation, but the point would be the same. But at a basic level, it is a statement of fact, and not an obligation. As I say there may be other relevant obligations.
  • BurgessianBurgessian Posts: 2,979

    This today on Sky may help Malc

    http://news.sky.com/story/snp-faces-fresh-claims-that-high-ranking-party-figures-conspired-against-former-leader-alex-salmond-12201748
    Kenny MacAskill MP, who has made these allegations, is in hot water himself due to making trips from his holiday home in Speyside to his constituency in East Lothian. Makes you wonder how that came to be public knowledge. Ferrets in a bag.

    https://www.scotsman.com/news/politics/kenny-macaskill-snp-mp-defends-200-mile-trips-between-constituency-and-second-home-3114714
  • eekeek Posts: 29,731
    I know Robert Peston is a lucky idiot thanks to Northern Rock but this is just complete rubbish

    https://twitter.com/Peston/status/1355122390045499394

    What has that got to do with anything.
  • malcolmgmalcolmg Posts: 44,082
    Carnyx said:

    Had a look at the Sky report. Looks pretty familiar stuff except for the explanation, or speculation, about the derivation of the name Vietnam for this purpose, but as PBers have shown there are various possibilities.
    I searched on vietnam whatsapp and it looked like lists of porn sites so assumed that was not what G was referring to.
  • MarqueeMarkMarqueeMark Posts: 54,525
    Alistair said:

    "Best Reasonable Effort" is a completely different thing.

    Or something.
    The "or something" does not help her case.
  • PulpstarPulpstar Posts: 79,216
    @MaxPB Did you cash your Doge ? Price has pulled back to 5 cents now.
    I got my stake out with £20 profit and 1000 Doge left to ride :D
  • eekeek Posts: 29,731
    RobD said:

    I thought she was saying that to suggest that there wasn't a get out "best effort" clause for AZN to exploit. In reality it was much more forgiving.
    Technically she is right though - I don't believe the phrase "Best Effort" is used anywhere.
  • TOPPINGTOPPING Posts: 43,703

    It doesn't say that. They will be able to deliver the contract, the timetable is uncertain though and that was accounted for in the contract so it will still be delivered.

    The UK's contract doesn't prevent the EU's contract being honoured, the EU's contract will be honoured just after the UK's if need be.
    Interesting. It asks AZN to specify a delivery date (so far as what I've read) and hence yes, AZN could say you will get your doses just not yet we have to fulfil XYZ's contract first.
  • GIN1138GIN1138 Posts: 22,841
    edited January 2021
    Crikey EU officials talking about "war" now (albeit in context of vaccine not an actual one... yet) the eurocrats really have gone nuts haven't they?
  • MarqueeMarkMarqueeMark Posts: 54,525
    eek said:

    I know Robert Peston is a lucky idiot thanks to Northern Rock but this is just complete rubbish

    https://twitter.com/Peston/status/1355122390045499394

    What has that got to do with anything.

    A fair question to ask about Peston.
  • FloaterFloater Posts: 14,207
    malcolmg said:

    You idiot , they are completely different as anyone who deals with contracts would know. Back to your knitting.
    LOL - A post from Malcolm I can completely agree with.

  • TOPPING said:

    Absolutely. But at the time this was signed, AZN had already signed a contract with the UK. Hence my questioning.
    They're promising their best reasonable efforts to fulfill the EU contract. The issue is delays in the EU plants and that falls within the coverall of "best reasonable efforts". They will use their best reasonable efforts to fix the problems and get the coverage working.

    Nothing in the UK's contracts prevents them from using their best reasonable efforts to get the EU's order filled as soon as they can. The reason its not getting filled is because the EU plant it was planned to come from has a low yield (having been started 3 months late), not the UK contract - since they never planned to use the UK plants to fill the EU's order at this stage the UK's contract preventing it isn't unreasonable.
  • eek said:

    I know Robert Peston is a lucky idiot thanks to Northern Rock but this is just complete rubbish

    https://twitter.com/Peston/status/1355122390045499394

    What has that got to do with anything.

    Prof Peston now a contract law specialist....he is the Paul Nutall of the media.
  • malcolmgmalcolmg Posts: 44,082

    Field athletes could just stay at home and do it on Zoom. No need to go to Tokyo.
    waste of time and money anyway , just a bunch of numpties wanting to run about in shorts, who cares.
  • My view is pretty much unchanged.

    AZ presumably have a manufacturing process for EU vaccines whether that involves UK or EU facilities.
    Likewise they will have a process for UK vaccines.

    These were put into place at the time of the contract, and if AZ has switched resources from one process to the other, then I don't think the contract will allow them to get out of that.

    If the EU process is failing worse than the UK one is/did, then I have seen nothing which requires them to level the playing field.
  • MaxPBMaxPB Posts: 39,817
    Pulpstar said:

    @MaxPB Did you cash your Doge ? Price has pulled back to 5 cents now.
    I got my stake out with £20 profit and 1000 Doge left to ride :D

    I won't be able to get that laptop for a while, I might go tomorrow morning if the price is still inflated. I think the holding would be worth well over six figures right now but by tomorrow it will be worthless again!
  • Prof Peston now a contract law specialist....he is the Paul Nutall of the media.
    He's looking at the contract in a mirror. Confusing stuff.
  • MysticroseMysticrose Posts: 4,688
    malcolmg said:

    They still only have promised reasonable efforts , so can easily claim production difficulties etc and they reasonably tried to fulfill. AZ will win easy.
    Yep
  • FloaterFloater Posts: 14,207
    GIN1138 said:

    Crikey EU officials talking about "war" now (albeit in context of vaccine not an actual one... yet) the eurocrats really have gone nuts haven't they?

    Seriously I know we have the fact they fucked up and Brexit in a potent combination but they are acting deranged right now

    And setting back re-join in the process........
  • RobDRobD Posts: 60,350
    GIN1138 said:

    Crikey EU officials talking about "war" now (albeit in context of vaccine not an actual one... yet) the eurocrats really have gone nuts haven't they?

    Stretched twig, etc.
  • eekeek Posts: 29,731
    Floater said:

    Seriously I know we have the fact they fucked up and Brexit in a potent combination but they are acting deranged right now

    And setting back re-join in the process........
    After this re-join isn't going to be an popular option.
  • kle4kle4 Posts: 98,537

    This today on Sky may help Malc

    http://news.sky.com/story/snp-faces-fresh-claims-that-high-ranking-party-figures-conspired-against-former-leader-alex-salmond-12201748
    All rather grubby and hard to follow this story. I can't figure out at what point Salmond became persona non grata to others in the party
  • MarqueeMarkMarqueeMark Posts: 54,525
    dixiedean said:

    The 2024 Olympics are in Paris. Are we confident the French will have been vaccinated by then?
    Arf!
  • MysticroseMysticrose Posts: 4,688
    edited January 2021
    Just a quickie. I'm not a lawyer but I've spent a lot of time in court. On both sides of the fence.

    'Reasonable' is a disastrous word for the EU. It's open to massive interpretation. It's a word I have myself encountered vis a vis a big piece I wrote in a newspaper. 'Reasonable' is the kind of word which would take years to argue over through the courts and there will almost certainly be only one loser ... the EU. This is an unprecedented pandemic situation so, frankly, I doubt the EU have a prayer.

    I wrote above, 'only one loser.' That's not entirely true.

    The other are the citizens of the EU.
  • MalmesburyMalmesbury Posts: 54,181
    edited January 2021

    He's looking at the contract in a mirror. Confusing stuff.
    On a real note - seen several statements from the EU saying that UK production has been unaffected. As in fully delivered. Hence the demand for 75 million doses.

    Are they unaware that the UK delivery is behind as well, or is this playing to the peanut gallery?

    As a matter of interest - which vaccine production pipelines *are* on schedule, worldwide? From what I have heard, just about everyone is having production difficulties.
  • FloaterFloater Posts: 14,207
    malcolmg said:

    I searched on vietnam whatsapp and it looked like lists of porn sites so assumed that was not what G was referring to.
    Suddenly starts to pay more attention ** innocent face **
  • TOPPINGTOPPING Posts: 43,703

    I think you are missing a crucial point in this Topping. And I absolutely accept that I am not a lawyer so this is just my impression.

    The section 5.4 on Including the UK within the EU for the purposes of being an acceptable location for the production of vaccine for the EU is absolutely explicit that it applies only to that clause itself. The EU will accept vaccine produced within the UK without further question or need for confirmation from the EU.

    But it does not apply to any other clause in the contract. That is made explicit. So the EU cannot lay claim to vaccine from the UK factories for the purposes of fulfilling the clause about assured delivery. It simply does not apply.

    It is the only reason I can see that AZN have made sure that caveat is in the contract.
    Again, interesting. As I said one of the comments on David Allen Green's blog said the following.

    "Another possibility is that particular facilities were intended to supply the product for different buyers, with each buyer bearing the risk that his allocated production facilities might incur delays; this is the reading the UK seems to advocate, the idea being that production of UK facilities gives priority to UK buyers. Again, that would seem to require explicit contract provisions; if it were merely AZ’s ‘intention’ to link particular facilities with particular buyers, rather than a contractual term accepted by the buyers, that would not in my view be enough."

    I am looking forward to reading his (and his followers') view on it.
  • MattWMattW Posts: 26,615

    That is a warranty, and under English law (unless modified in the contract) would only have to be correct at the time it is given, when presumably AZ believed it could meet all orders simulatenously.
    The document says "laws of Belgium".
  • alex_alex_ Posts: 7,518

    I think you are missing a crucial point in this Topping. And I absolutely accept that I am not a lawyer so this is just my impression.

    The section 5.4 on Including the UK within the EU for the purposes of being an acceptable location for the production of vaccine for the EU is absolutely explicit that it applies only to that clause itself. The EU will accept vaccine produced within the UK without further question or need for confirmation from the EU.

    But it does not apply to any other clause in the contract. That is made explicit. So the EU cannot lay claim to vaccine from the UK factories for the purposes of fulfilling the clause about assured delivery. It simply does not apply.

    It is the only reason I can see that AZN have made sure that caveat is in the contract.
    This is exactly the point I made above. The U.K. is in the EU for 5.4 ONLY. And 5.4 explicitly only relates to acceptable places for manufacture, not that the EU has any claims over vaccines manufactured there.
  • RobDRobD Posts: 60,350
    TOPPING said:

    Again, interesting. As I said one of the comments on David Allen Green's blog said the following.

    "Another possibility is that particular facilities were intended to supply the product for different buyers, with each buyer bearing the risk that his allocated production facilities might incur delays; this is the reading the UK seems to advocate, the idea being that production of UK facilities gives priority to UK buyers. Again, that would seem to require explicit contract provisions; if it were merely AZ’s ‘intention’ to link particular facilities with particular buyers, rather than a contractual term accepted by the buyers, that would not in my view be enough."

    I am looking forward to reading his (and his followers') view on it.
    Well the contract does specify that AZN will inform the EU of the production facilities.
  • DumbosaurusDumbosaurus Posts: 857
    edited January 2021
    nvm, misread
  • kle4kle4 Posts: 98,537
    Alistair said:

    "Best Reasonable Effort" is a completely different thing.

    Or something.
    I think people accept they would mean different things, not necessarily to her advantage , but it's a very politician thing to do to make a categorical denial over a difference of one word.
  • MattW said:

    The document says "laws of Belgium".
    That's correct Matt which I have highlighted below.

    I don't think it changes the conclusion but obviously terms like "warranty" are very much English law. I'm not even sure they extend north of the border.
  • GallowgateGallowgate Posts: 20,164
    MattW said:

    The document says "laws of Belgium".
    What remedy is the EU seeking? Specific performance? Damages? Surely regardless of this dispute they will struggle to enforce anything in reality, regardless of any legal merits?

    I'm unsure over whether AZ will suffer negative commercial consequences over this. They have the kudos of having a working vaccine after all, and they will deliver eventually.
  • eekeek Posts: 29,731
    alex_ said:

    This is exactly the point I made above. The U.K. is in the EU for 5.4 ONLY. And 5.4 explicitly only relates to acceptable places for manufacture, not that the EU has any claims over vaccines manufactured there.
    Unless you are reading the contract with rose tinted specs and praying clause 5.4 is a get out clause.

    Heck you only have to look at Robert Peston to see how stupid none lawyers can be when clutching at straws in a legal agreement.
  • kle4kle4 Posts: 98,537
    HYUFD said:
    I dont think she's invincible, I just think at present her position, or rather the SNPs, is strong enough to shrug off things that would imperil others.
  • nvm, misread

    There you go. The missing obligation, and it is only notification.
  • kinabalukinabalu Posts: 44,785
    edited January 2021

    English sparkling wine and minor celebrity name dropping is for ever though.
    And a big yes to all that. Must admit these are exciting PB times, though, with this EU/AZ dispute. Feelings running high. My hunch - and I freely admit it's no more - is that the EU do have a case and they will get a bipartite resolution which helps them out a bit. Vaccine war with the UK coming? No, I sense not. Certainly hope not. God, can you imagine?

    And amongst the noise of the more strident europhobes calling it a slam dunk for AZ, with the EU behaving in a way that is "simply intolerable", what do we get on here? We get a couple of desiccated coconuts - Topping and Ishmael - coolly live litigating the matter using the actual contract!

    That's special. You don't get that on 8chan.

    Verdict eagerly awaited.
  • TOPPINGTOPPING Posts: 43,703
    RobD said:

    Well the contract does specify that AZN will inform the EU of the production facilities.
    And another point made on AZN's blog is that surely the EU would have asked for details of prior contracts also.
  • MaxPBMaxPB Posts: 39,817
    edited January 2021
    eek said:

    Unless you are reading the contract with rose tinted specs and praying clause 5.4 is a get out clause.

    Heck you only have to look at Robert Peston to see how stupid none lawyers can be when clutching at straws in a legal agreement.
    5.4 does say it specifically only refers to 5.4, they can't apply it to the whole agreement and specifically to 5.1, it seems that the EU is trying to do this but the contract is extremely specific that the UK only applies in 5.4 and not elsewhere.
  • IshmaelZIshmaelZ Posts: 21,830
    alex_ said:

    This is exactly the point I made above. The U.K. is in the EU for 5.4 ONLY. And 5.4 explicitly only relates to acceptable places for manufacture, not that the EU has any claims over vaccines manufactured there.
    Fucking lazy drafting. A properly drafted law says

    Dogs must be carried on the Underground
    Cats must be carried on the Underground

    Not

    Dogs must be carried on the Underground
    Cats are deemed to be dogs for the purposes of this rule.
  • BurgessianBurgessian Posts: 2,979
    kle4 said:

    All rather grubby and hard to follow this story. I can't figure out at what point Salmond became persona non grata to others in the party
    It's complicated, but supposedly there were fears at the top of the SNP that Salmond would try to make a comeback after he lost his Westminster seat in 2017. The theory then goes that they made the new Holyrood complaints procedure about sexual harassment retrospective so it would ensnare him. But that's just one element in the whole unsavoury affair. The whole thing has grown legs and arms.
  • FrancisUrquhartFrancisUrquhart Posts: 83,454
    edited January 2021
    As long as AZN stick to their interpretation of the contract isn't a lot of all this moot? It would take months to argue this through the courts, by which time production across all the plants should be at full speed and AZN will be able to meet obligations?
  • TOPPINGTOPPING Posts: 43,703

    What remedy is the EU seeking? Specific performance? Damages? Surely regardless of this dispute they will struggle to enforce anything in reality, regardless of any legal merits?

    I'm unsure over whether AZ will suffer negative commercial consequences over this. They have the kudos of having a working vaccine after all, and they will deliver eventually.
    That is absolutely true. They will surely not expect the UK to divert vaccines to the EU. And by the time this gets to court as @MaxPB has noted about teacher vaccinations, we will be swimming in vaccines and, if it takes as long as EU court cases usually do, we might be onto Covid24 by then.

    I think it is a moral high ground thing.
  • SandpitSandpit Posts: 56,022

    nvm, misread

    Ah, edited.

    That clause covers the scenario such as the EU contracting with two different suppliers intending to use the same factory or facility. As opposed to AZ contracting with another country.
  • AlistairAlistair Posts: 23,670
    eek said:

    Technically she is right though - I don't believe the phrase "Best Effort" is used anywhere.
    Exactly my point ;)

    As we all know technically correct is the best form of correct.
  • x

    As long as AZN stick to their interpretation of the contract isn't a lot of all this mute? It would take months to argue this through the courts, by which time production across all the plants should be at full speed and AZN will be able to meet obligations?

    moot
  • eekeek Posts: 29,731
    MaxPB said:

    5.4 does say it specifically only refers to 5.4, they can't apply it to the whole agreement.
    It says that for the purpose of manufacturing the UK is within the EU for supply purposes.
  • ydoethurydoethur Posts: 73,507
    edited January 2021
    A moron.

    But even they are slightly brighter than UVDL.

    I hope she has good lawyers after what she said this morning, or she's going to be like a stepmom on (insert TSE's favourite comment here) once AZN get after her.

    Edit - actually, I'm being unfair. I suspect that was drafted by AZN's lawyers. The moron was the person who checked it.
  • x

    moot
    Yes sorry....
  • BurgessianBurgessian Posts: 2,979
    kle4 said:

    I dont think she's invincible, I just think at present her position, or rather the SNPs, is strong enough to shrug off things that would imperil others.
    Definitely. She seems completely teflon just now.
  • eekeek Posts: 29,731

    What remedy is the EU seeking? Specific performance? Damages? Surely regardless of this dispute they will struggle to enforce anything in reality, regardless of any legal merits?

    I'm unsure over whether AZ will suffer negative commercial consequences over this. They have the kudos of having a working vaccine after all, and they will deliver eventually.
    The only remedy they seem to be seeking is specific performance with AZN delivering the UK manufactured vaccines (which are in the EU due to clause 5.4) to the EU.
  • eek said:

    After this re-join isn't going to be an popular option.
    I know people keep saying this but I would ask how much penetration this whole argument is really having into the public consciousness. I agree that if the EU really started insisting on vaccines coming from UK plants which affected UK supply then it would certainly become a major public issue but right now I don't see that the public as a whole are really aware of this whole argument to the extent that it would change anyone's view overall of the EU.

    For the record I know many EU supporters on here are unhappy with the way the EU has behaved and it may even change some minds about any rejoin campaign on here. But of course we are not normal people.
  • IshmaelZIshmaelZ Posts: 21,830

    As long as AZN stick to their interpretation of the contract isn't a lot of all this mute? It would take months to argue this through the courts, by which time production across all the plants should be at full speed and AZN will be able to meet obligations?

    Up to the Belgians, but courts will expedite things if failing to do so means that any remedy will be too late to help.
  • SandpitSandpit Posts: 56,022
    Presumably all this posturing is for EU domestic consumption, have we seen any polling within Europe as to the public view of the responsibility for delays to the vaccine programme?
  • johntjohnt Posts: 166

    One thing the EU are probably achieving here is a reinforcing of the UK's attractiveness and desirability as a global pharmaceutical hub in future.

    I could see consolidation and investment in the UK after this as various firms realise the EU is capable of playing politics with them and acting in bad faith.

    That might have been true but the key issue for most big pharmaceutical companies is the availability of highly trained and qualified staff.

    The UK is generally not seen as a place where professionals want to settle at the moment. It is seen as unwelcoming and insular and therefore attracting the right people is going to be very difficult.
  • MarqueeMarkMarqueeMark Posts: 54,525
    edited January 2021
    eek said:

    Paris 2024
    LA 2028

    Tokyo I believe has been offered 2032 on the quiet.
    Not having a lengthy auction for the 2032 Olympics will mightily piss off some IOC members looking forward to their "freebies"..... Tragedy.
  • FrancisUrquhartFrancisUrquhart Posts: 83,454
    edited January 2021
    There are binding orders and the contract is crystal clear," Mrs von der Leyen said in Friday morning's radio interview. Best effort' was valid while it was still unclear whether they could develop a vaccine. That time is behind us. The vaccine is there.

    BBC News - Covid: EU publishes disputed AstraZeneca Covid jab contract
    https://www.bbc.co.uk/news/world-europe-55852698
  • IshmaelZIshmaelZ Posts: 21,830
    TOPPING said:

    And another point made on AZN's blog is that surely the EU would have asked for details of prior contracts also.
    Or read about them in the papers.
  • GallowgateGallowgate Posts: 20,164
    IshmaelZ said:

    Fucking lazy drafting. A properly drafted law says

    Dogs must be carried on the Underground
    Cats must be carried on the Underground

    Not

    Dogs must be carried on the Underground
    Cats are deemed to be dogs for the purposes of this rule.
    Well in an ideal world in my opinion it would say "Animals must be carried on the Underground".
    With "Animals" defined in a schedule to include both "Cats" and "Dogs". ;)
  • FloaterFloater Posts: 14,207
    https://order-order.com/2021/01/29/ursula-von-der-leyens-claims-undermined-by-agreement/

    "More particularly, while the EU are spinning that the agreement means that they are entitled to a share of the doses manufactured in the UK, a top legal boffin tells Guido that it is plainly wrong – to the point of being not really arguable."

    Jog on EU, jog on.
  • CarnyxCarnyx Posts: 44,617
    IshmaelZ said:

    Fucking lazy drafting. A properly drafted law says

    Dogs must be carried on the Underground
    Cats must be carried on the Underground

    Not

    Dogs must be carried on the Underground
    Cats are deemed to be dogs for the purposes of this rule.
    But what happens if one presents oneself at the ticvket barrier sans pooch AND pussy?
  • johnt said:

    That might have been true but the key issue for most big pharmaceutical companies is the availability of highly trained and qualified staff.

    The UK is generally not seen as a place where professionals want to settle at the moment. It is seen as unwelcoming and insular and therefore attracting the right people is going to be very difficult.
    Which was exactly why all of the MRHA staff rushed off to the new EMA centre in Amsterdam, and we got so far behind with vaccine approvals.
  • MaxPBMaxPB Posts: 39,817
    Yes, maybe I'm being an idiot and someone can correct me but if the UK is only deemed part of the EU in section 5.4 it removes any ambiguity for all the other sections as the UK is definitely not included for 5.1 or anywhere else.

    I expected the EU to fight this based on the ambiguity of whether the UK counted as being in the EU or not during the transition period but that's surely not possible now.
  • malcolmg said:

    I searched on vietnam whatsapp and it looked like lists of porn sites so assumed that was not what G was referring to.
    No it was not Malc.

    I would not want to introduce such a topic into the debate
  • LostPasswordLostPassword Posts: 19,156
    I do hope AZ didn't mess up the contracts and promise the same vaccines to two customers.
  • eek said:

    The only remedy they seem to be seeking is specific performance with AZN delivering the UK manufactured vaccines (which are in the EU due to clause 5.4) to the EU.
    Clause 5.4 does not say that UK manufactured vaccines are prioritised for the EU. It says that they will accept UK manufactured vaccines without further question as if they had come from EU factories.

    But that clause specifically states that it does not apply to any other part of the contract. All it means is that UK vaccines are acceptable to the EU. It does not mean they are supposed to be available for them any more than vaccines produced in Israel, the US or Australia.
  • ydoethurydoethur Posts: 73,507
    Carnyx said:

    But what happens if one presents oneself at the ticvket barrier sans pooch AND pussy?
    I think that would be a eunuch situation.
  • I know people keep saying this but I would ask how much penetration this whole argument is really having into the public consciousness. I agree that if the EU really started insisting on vaccines coming from UK plants which affected UK supply then it would certainly become a major public issue but right now I don't see that the public as a whole are really aware of this whole argument to the extent that it would change anyone's view overall of the EU.

    For the record I know many EU supporters on here are unhappy with the way the EU has behaved and it may even change some minds about any rejoin campaign on here. But of course we are not normal people.
    It's all over today's Grauniad, doubtless reinforcing the view that Tony Benn and Jeremy Corbyn were right all along.
  • FloaterFloater Posts: 14,207
    johnt said:

    That might have been true but the key issue for most big pharmaceutical companies is the availability of highly trained and qualified staff.

    The UK is generally not seen as a place where professionals want to settle at the moment. It is seen as unwelcoming and insular and therefore attracting the right people is going to be very difficult.
    Oh dear - try to inject a touch of reality
  • MarqueeMarkMarqueeMark Posts: 54,525

    I know people keep saying this but I would ask how much penetration this whole argument is really having into the public consciousness. I agree that if the EU really started insisting on vaccines coming from UK plants which affected UK supply then it would certainly become a major public issue but right now I don't see that the public as a whole are really aware of this whole argument to the extent that it would change anyone's view overall of the EU.

    For the record I know many EU supporters on here are unhappy with the way the EU has behaved and it may even change some minds about any rejoin campaign on here. But of course we are not normal people.
    Absurd anecdote time, but the lady on the till at M&S this morning started - unprompted - about the EU trying to grab our vaccines.... I would say this issue is cutting through.
  • MaxPBMaxPB Posts: 39,817
    eek said:

    It says that for the purpose of manufacturing the UK is within the EU for supply purposes.
    But only to 5.4, not to any other section. So section 5.1 doesn't include the UK.
  • IshmaelZIshmaelZ Posts: 21,830

    Well in an ideal world in my opinion it would say "Animals must be carried on the Underground".
    With "Animals" defined in a schedule to include both "Cats" and "Dogs". ;)
    Just as long as Section 1 says "This Act may be cited as the Carrying Animals on the Underground Act."
This discussion has been closed.