Browne Jacobson

Experts

15

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Angelica Hymers
Browne Jacobson
Bonita Trimmer
Browne Jacobson
David Harris
Professional Development Lawyer
Browne Jacobson
Ed Anderson
Solicitor
Browne Jacobson
Giles Parsons
Browne Jacobson
Helen Simm
Browne Jacobson
Katie Michelon
Browne Jacobson
Lisa Henty
Senior Associate
Browne Jacobson
Mark Blois
Browne Jacobson
Mark Daniels
Browne Jacobson
Nick Smee
Browne Jacobson
Nicola Hill
Browne Jacobson
Peter Ware
Partner
Browne Jacobson
Wesley Hall
Associate
Browne Jacobson
Contributions by Browne Jacobson

11

Drafting note for claim form in right of light proceedings
Drafting note for claim form in right of light proceedings
Precedents

This Precedent is for use when issuing a claim to protect a right of light from interference. It can be used whether the claimant is seeking declaratory relief alone and/or a claim for damages too. This is to be completed using Form N1.

Drafting notes for claim form in section 8 notice proceedings for possession of property (assured tenancy (AT) or assured shorthold tenancy (AST)) for non-payment of rent and or other breaches
Drafting notes for claim form in section 8 notice proceedings for possession of property (assured tenancy (AT) or assured shorthold tenancy (AST)) for non-payment of rent and or other breaches
Precedents

This precedent claim form is for use when you have served a s 8 notice seeking possession of residential accommodation let under an assured tenancy (AT), assured shorthold tenancy (AST), or assured agricultural occupancy, under one of the grounds set out in Schedule 2 to the Housing Act 1988 for non-payment of rent or other breaches. These drafting notes are for use when completing form N5 and make reference to CPR 55 and CPR PD 55A.

Drafting notes for particulars of claim in section 8 notice to quit proceedings (assured tenancy (AT) or assured shorthold tenancy (AST)) (non-payment of rent and or other breaches)
Drafting notes for particulars of claim in section 8 notice to quit proceedings (assured tenancy (AT) or assured shorthold tenancy (AST)) (non-payment of rent and or other breaches)
Precedents

This Precedent particulars of claim are to be used where a private landlord has served a s 8 notice to quit on the tenant seeking possession of residential accommodation let under an assured tenancy (AT), an assured shorthold tenancy (AST), or an assured agricultural occupancy under one of the grounds set out in Schedule 2 to the Housing Act 1988 (HA 1988) for non-payment of rent or other breaches and intends to bring proceedings for possession using the ‘standard procedure’ under HA 1988, s 8. This Precedent is to be completed using Form N119 and with reference to CPR 55 and CPR PD 55A.

Drafting notes for section 8 notice to quit seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST)
Drafting notes for section 8 notice to quit seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST)
Precedents

This precedent s 8 notice to quit is for use when seeking possession of residential accommodation let under an assured tenancy (AT) or an assured shorthold tenancy (AST) under one of the grounds set out in schedule 2 to the Housing Act 1988, an AT or an assured agricultural occupancy.

Invitation to participate in dialogue—competitive dialogue procedure
Invitation to participate in dialogue—competitive dialogue procedure
Precedents

This Precedent invitation to participate in dialogue (ITPD) is intended to be used for the competitive dialogue procedure, provided for under regulation 30 of the Public Contracts Regulations 2015 (PCR 2015). The competitive dialogue procedure is for use in complex projects where the public body cannot adequately define the technical specifications or legal or financial make-up of a project. The public body enters into a dialogue with bidders about their requirements before asking a bidder to issue a final tender. The Precedent is initially drafted for issuing at the start of the dialogue phase however, with minor changes it is possible to reissue it as necessary for the subsequent stages. The Precedent is designed to be used for public procurement exercises under the competitive dialogue procedure however, each procurement exercise should be considered carefully as specific modifications may be required on a case by case basis, particularly in relation to evaluation and scoring.

Invitation to tender―competitive procedure with negotiation
Invitation to tender―competitive procedure with negotiation
Precedents

This Precedent invitation to tender (ITT) is intended to be used for the competitive procedure with negotiation, provided for under regulation 29 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. The Precedent is designed to be used for public procurement exercises under the competitive procedure with negotiation however, each procurement exercise should be considered carefully as specific modifications may be required on a case by case basis, particularly in relation to evaluation and scoring.

Invitation to tender―restricted procedure
Invitation to tender―restricted procedure
Precedents

This Precedent invitation to tender (ITT) is intended to be used for the restricted procedure, provided for under regulation 28 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. The Precedent is designed to be used for public procurement exercises under the restricted procedure however, each procurement exercise should be considered carefully as specific modifications may be required on a case by case basis, particularly in relation to evaluation and scoring.

Letter accompanying Invitation to participate in dialogue—competitive dialogue procedure
Letter accompanying Invitation to participate in dialogue—competitive dialogue procedure
Precedents

This Precedent letter is intended to accompany Precedent: Invitation to participate in dialogue—competitive dialogue procedure (ITPID), which will be sent by a contracting authority to bidders who have been shortlisted following the completion of the selection questionnaire process for a public procurement exercise using the competitive dialogue procedure under the Public Contracts Regulations 2015.

Letter accompanying Invitation to tender—competitive procedure with negotiation
Letter accompanying Invitation to tender—competitive procedure with negotiation
Precedents

This Precedent letter is intended to accompany Precedent: Invitation to tender—competitive procedure with negotiation, which will be sent by a contracting authority to bidders who have been shortlisted following the completion of the selection questionnaire process for a public procurement exercise using the competitive procedure with negotiation under the Public Contracts Regulations 2015.

Order for Interim Injunction in right of light proceedings
Order for Interim Injunction in right of light proceedings
Precedents

This Precedent is for use when seeking an interim injunction to protect a right of light from interference. It provides wording for a prohibitive injunction (prohibiting the defendant from starting/continuing building works).

Particulars of claim for right of light claim
Particulars of claim for right of light claim
Precedents

This precedent should be used when bringing a claim to protect a right of light from interference. It provides wording for declaratory relief and/or damages.

Contributions by Browne Jacobson Experts

26

Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002
Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002
Practice notes

This Practice Note explains the civil enforcement options available to the enforcers of consumer protection laws when responding to breaches of consumer protection legislation. It covers the civil injunction powers, known as enforcement orders and undertakings, available under the Enterprise Act 2002 and the enhanced consumer measures (ECMs) introduced by the Consumer Rights Act 2015. The Practice Note explains what these measures are, when the measures can be used and which enforcers can call upon these measures when enforcing consumer protection laws.

Education Act offences
Education Act offences
Practice notes

This Practice Note covers the criminal offences created by the Education Act 1996 (EA 1996). It includes the procedure for instituting proceedings, elements of the offence of failing to comply with a school attendance order and the meaning of 'parent'. It covers school attendance orders, the statutory defence for failing to comply with school attendance orders and sentencing for such offences. It also covers action following acquittal of an offence of failing to comply with a school attendance order.

Enforcement of consumer protection laws under the Consumer Rights Act 2015
Enforcement of consumer protection laws under the Consumer Rights Act 2015
Practice notes

This Practice Note explains the generic set of enforcement powers contained within Schedule 5 of the Consumer Rights Act 2015 (CRA 2015) which are available to enforcement bodies responsible for investigating and prosecuting a range of consumer protection legislation. It includes information on which Schedule 13 enforcers and domestic enforcers can use the generic set of enforcement powers, what the enforcement powers contained in the generic set are and when they can be used. Also included is information on the offence of obstructing an officer using these powers as well as the impact Brexit has on the enforcement of consumer protection under CRA 2015.

Equality Act 2010—discrimination in schools
Equality Act 2010—discrimination in schools
Practice notes

This Practice Note discusses the sections of the Equality Act 2010 which activate prohibitions on discrimination in schools, the different types of discrimination including sex, race, religion or belief, age, marriage or civil partnership and disability, and the exceptions that may apply. It notes that the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353 require public authorities with education functions to publish information annually to demonstrate their compliance with the public sector equality duty under EqA 2010, s 149.

Failure to secure attendance at school
Failure to secure attendance at school
Practice notes

This Practice Note covers the two separate offences of failing to secure regular attendance at school under the Education Act 1996 (EA 1996). It covers what the prosecution must prove for a person to be convicted of each offence, including whether a mental element is required, the meaning of 'fails to regularly attend', what is proof of regular attendance, the statutory exceptions to a child failing to regularly attend including the school not being within walking distance of the child's home and the meaning of 'unavoidable cause'. It also includes the law relating to boarding schools and pupils of no fixed abode. Finally it covers sentencing for such offences and alternatives to prosecution.

Insurance & Reinsurance—claims co-operation and control clauses
Insurance & Reinsurance—claims co-operation and control clauses
Practice notes

This Practice Note considers insurance and reinsurance claims co-operation and claims control clauses. It also considers issues with these clauses, condition precedents, waiver and non-party costs orders.

Safeguarding children in schools (England)
Safeguarding children in schools (England)
Practice notes

This Practice Note covers safeguarding children in English schools. It explains what safeguarding is, who has responsibility for safeguarding, interagency co-operation, safer recruitment as well as providing guidance on how to deal with allegations against staff members, safeguarding in the context of other specific statutory duties such as female genital mutilation, the prevent duty as well as providing practical guidance for assessing safeguarding risks.

Shared services—issues for local government
Shared services—issues for local government
Practice notes

This Practice Note concentrates on the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, including potential for challenge if exceeded (ultra vires), and how delivery of shared services can be achieved.

Shared services—key legal issues
Shared services—key legal issues
Practice notes

This Practice Note summarises the key legal issues for consideration when contemplating use of shared services including: public procurement, contractual, VAT, data protection, employment, intellectual property and state aid issues.

Shared services—structures for delivery
Shared services—structures for delivery
Practice notes

This Practice Note sets out the key structures for delivery of a shared service, including: internal ‘in-house’ shared services, multi-authority shared services and joint ventures for wider exploitation of shared services.

Letter responding to clarification requests
Letter responding to clarification requests
Precedents

This Precedent letter is to be used by public authorities conducting a public procurement exercise subject to the Public Contracts Regulations 2015. It is intended for use in the event that a contracting authority receives requests from a bidder for clarification of its invitation to tender or associated procurement documentation during the procurement process.

Letter to accompany clarification requests
Letter to accompany clarification requests
Precedents

This Precedent letter is to be used by public authorities conducting a public procurement exercise subject to the Public Contracts Regulations 2015. It is intended for use in the event that a contracting authority finds that at the stage of evaluating bids, a submission from a bidder is unclear or requires clarification. The contracting authority may wish to clarify these matters. This Precedent letter can be used by a contracting authority to set out clarification requests.

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