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: civil injunctions under Pt 1 of the ABCPA 2014 and criminal behaviour orders (CBO) under the Sentencing Act 2020.
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 nature and extent of an expert witness's duties, when giving evidence within his or her area of expertise, based on the requirements of the Civil Procedure Rules and case law. It looks at the expert’s overriding obligation to the court and what happens if an expert fails to comply with his duties.
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, produced in partnership with Sarah Clarke of Hardwicke, looks at the long awaited Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 which were published and laid before parliament on 25 October 2016. It summarises the key features of the IR 2016. This Practice Note has been archived and is not maintained.
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 provides an introductory guide to applications for damages in judicial review proceedings, with reference to examples from case law. It examines the circumstances in which an application for damages may arise and the considerations for a public authority dealing with an application. It also includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings.
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.
This Practice Note sets out some practical tips for a public body to consider during the decision-making process, with a view to reducing the risk of challenge by judicial review. Both robust decision-making processes and prompt handling of claims pre-action and through alternative dispute resolution will save time and costs downstream. This Practice Note also deals with the steps a public body can take to protect itself and includes a checklist of matters of good practice to help reduce successful permission applications.
This Practice Note sets out the general position on costs in judicial review proceedings with reference to some specific examples such as cases involving official bodies and immigration cases.
This Practice Note considers the principles and procedure for the issuing of protective costs orders (PCOs) in public law proceedings and judicial review costs capping orders (JRCCOs), which replaced PCOs for judicial review claims in 2016. It also explains the rules on costs for interveners in judicial review proceedings.
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 Hardwicke 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 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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