This Practice Note discusses the powers to control behaviour that have been reformed under the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), focussing on remedies to tackle behaviour which previously would have fallen under the anti-social behaviour order (ASBO)/anti-social behaviour injunction (ASBI) regime namely civil injunctions under Pt 1 of the ABCPA 2014.
This Practice Note examines the concept of 'Best Value' in public procurement and the associated duties imposed on public bodies by Part I of the Local Government Act 1999 and the Public Services (Social Value) Act 2012.
This Practice Note looks the procedure for bringing a challenge for breach of public procurement law. In particular, it considers the requirements for the provision of standstill letters to unsuccessful bidders, time limits for bringing a procurement claim against the contracting authority and remedies available to an aggrieved bidder where a public procurement process has breached the Public Contracts Regulations 2015.
This Practice Note examines the thresholds set out in the EU Procurement Directives which apply to public sector contracts. It considers how the thresholds are set, what the current thresholds are, how a contract value is determined and the position relating to contracts whose value is below the relevant threshold.
This Practice Note examines the situations when the EU procurement regulations are applicable—focusing on the Public Contracts Directive and the Public Contracts Regulations.
This Practice Note describes the available procurement procedures under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015), which public authorities must follow when procuring public contracts by tender: open procedure, restricted procedure, competitive procedure with negotiation, competitive dialogue, and innovation partnership. The Practice Note also describes the four stages which are common to all procurement procedures (specification, selection, evaluation/award and notification).
This Practice Note describes the basic principles of EU procurement law. The note describes which are the relevant Articles from the Treaty of Rome and how the procurement laws established by the European Union find their way into UK law by way of regulations, in particular the Public Contracts Regulations 2015, SI 2015/102.
This Practice Note considers when changes to a public contract will amount to a ‘new’ contract being formed requiring a new competitive tendering process to be undertaken. It considers permitted variations to public contracts and what will constitute a substantial modification under regulation 72 of the Public Contract Regulations 2015, including relevant case law.
This Practice Note explains what acceptable behaviour contracts (ABC) are and the circumstances in which they can be effective for use in managing anti-social behaviour in the community. Also covered are guidelines for holding a meeting to set-up an ABC, how to monitor and deal with breaches of the agreement.
This Practice Note discusses the powers to control behaviour that have been reformed under the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014), focusing on remedies to tackle behaviour which previously would have fallen under the anti-social behaviour order (ASBO)/anti-social behaviour injunction (ASBI) regime namely criminal behaviour orders (CBOs) under the Sentencing Act 2020.
This Practice Note discusses assignment and succession of tenancy, with reference to the Housing Act 1985, the Localism Act 2011 and the Housing Act 1988. It explains that assignment of a secure periodic tenancy is prohibited except in three situations. With effect from 1 April 2012 a registered social landlord can include express provisions in their tenancy agreements granting additional succession rights for assured tenants.
The Financial Conduct Authority (FCA) is likely to prefer to use its formal, statutory information gathering powers to require the production of documents and information, but there are certain situations where informal requests for documents and information are more effective, or necessary, for the overall integrity of an investigation. This Practice Note introduces the scenarios where an informal, voluntary approach tends to be used and the ways in which the FCA is able to request information from firms and individuals on a voluntary basis. This includes the voluntary provision of witness statements and internal investigation reports, as well as voluntary attendance at interview.
This Practice Note considers the various defences to tort claims, including contributory negligence (Law Reform (Contributory Negligence) Act 1945), consent or volenti non fit injuria, ex turpi causa (claimant wrongdoing), necessity and self-defence and exclusions and limitations of liability (Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999).
This Practice Note, produced in partnership with Katrina Mather of Gatehouse Chambers, considers the practical issues arising from the perspective of a receiver appointed to (or to be appointed to) property which has vested in the Crown bona vacantia, including dealing with the Government Legal Department (GLD) (previously the Treasury Solicitor’s Department (TSOL)) and specifically the Bona Vacantia Division (BVD). It looks at bona vacantia property, disclaimer, involvement of BVD where property is being sold by a receiver and HM Land Registry guidance.
This Precedent is to be used when implementing an Acceptable Behaviour Contract (ABC), between a person engaging in anti-social behaviour and the relevant local agency. It is to be discussed, agreed and signed during an ABC meeting.
This Checklist provides practical guidance on making and administering a statutory declaration in insolvency proceedings using video conference technology in the light of the coronavirus (COVID-19) pandemic.
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