Atkin Chambers

This Practice Note explains some of the different forms of Public Private Partnerships (PPPs) including traditional forms (conventional procurement, PFI/PF2, partnerships such as LIFTCo’s and LEPs, concessions and Public Delivery Organisations) and newer/alternative forms (joint ventures, alliancing, and hybrid PPPs).

This Practice Note, produced in partnership with Mathias Cheung, Atkin Chambers, considers insolvency aspects of PFI/PFI2 projects including contractual provisions such as step-in rights, enforcement of security, insolvency of Project Co and protective measures to counter insolvency risks.

This Practice Note explains how the UK government is planning to reform Public Private Partnerships and the Private Finance Initiative/Private Finance 2.

This Practice Note considers institutions and government departments (particularly, HM Treasury, the National Infrastructure Commission and the Infrastructure and Projects Authority) responsible for the delivery of UK infrastructure projects (particulary, public private partnerships (PPPs or P3s), private finance initiative (PFI) and Private Finance 2 (PF2)) and relevant legislation and guidance.

This Q&A considers how the referring party in an adjudication can ensure valid service of notices on the responding party when it discovers that the responding party no longer occupies the address given for it in the contract and the contract is silent on whether documents can be served by email.

This Q&A considers how monies paid into the Court Funds Office are dealt with where they remain unclaimed after a number of years, including considering whether the original paying party would have a right to reclaim the monies paid.

This Q&A concerns whether a third party debt order can be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor.

This Q&A considers whether an employer in a construction contract must let a contractor return to site to rectify defects within the defects liability period (also known as the rectification or defects notification period) after practical completion, even though there are significant problems with the workmanship of the contractor.

This Q&A considers the ongoing enforceability of a collateral warranty and/or a manufacturer’s warranty where the employer (or a third party) has carried out remedial work on the structure/works which are the subject of the relevant warranty.

This Q&A considers whether it is necessary for a homeowner to comply with the second edition of the Pre-Action Protocol for Construction and Engineering Disputes.

This Q&A considers the options open to a party that has not instructed a legal representative prior to proceedings and wishes to defend a claim, but needs more time in order to formulate its response.

This Q&A outlines the implications of Brexit on equality and human rights law in a deal and no deal scenario.

This Q&A considers the approach to be taken by a party who has settled a claim pre-action by accepting a Part 36 offer but has been unable to agree the costs to be paid.

This Q&A considers the rules applicable where a claim is issued against a named defendant, but there is a mistake either in the naming or identification of the correct defendant to the claim.

This Q&A considers the contractor's entitlement to payment on termination, under an NEC4 Option A ECC.

This Q&A considers whether a witness statement can be relied on at trial if the witness has since died.

This Q&A considers what rights a party may retain after a construction contract is terminated or rescinded. In particular, it looks at whether dispute resolution clauses have ongoing application/force and at what remedies remain available after termination (such as liquidated damages).

This Brexit Q&A outlines the scope and meaning of retained EU law (including retained legislation, principles and case law) under the European Union (Withdrawal) Act 2018. It also considers the key exclusions and relevant transitional provisions.

This Q&A considers the steps a party should take to accept a Part 36 offer and the further steps that a party should take to notify the County Court Money Claims Centre in this respect.

This Q&A considers a reference to counsel’s opinion in inter partes correspondence constitutes a waiver of an LPP.