Section 2 Definition

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Grounds for challenge in a public procurement process—checklist

Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...

Successor practice—checklist

Successor practice—checklist For law firms, whether you are thinking of merging, acquiring a practice, selling up or closing down, the successor practice rules will almost always be relevant. It is very important you consider these rules and how they will impact the transaction as the results are often unexpected, expensive and ultimately can create unacceptable risks for one or other party or indeed both. It is vital to understand the implications of your plans. If the parties work together, it is often possible to mitigate risks sufficiently to enable a transaction to proceed where otherwise it may fail. As always knowledge is power. It is rare that the acquisition of any part of a law firm will not lead to the acquiring business becoming a successor practice—you are probably best to assume this is the case. Section 1 seeks to set out how a successor practice is created. If you believe your transaction can avoid the creation of a successor practice, eg you are only acquiring client matters, take advice...

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Coronavirus (COVID-19) fraud—criminal offences, investigations and penalties [Archived]

Coronavirus (COVID-19) fraud—criminal offences, investigations and penalties [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. What is Coronavirus (Covid-19) fraud? The coronavirus (COVID-19) global pandemic created new opportunities for criminality, particularly in relation to fraud offences. Fraudsters exploited both the weaknesses in the UK government-backed financial assistance schemes (support schemes) and the vulnerabilities and anxieties of individuals and businesses surrounding coronavirus. Office of National Statistics figures for England and Wales show that fraud levels spiked during the COVID pandemic, growing to over 5 million incidents in the year ending December 2021. The term ‘coronavirus fraud’ or ‘covid fraud’ may apply to any fraudulent activity which would not have been possible but for coronavirus, such as manipulation of the support schemes, including: • overstating company turnover in a support scheme application to receive greater sums • making multiple support scheme applications to receive greater sums • obtaining support scheme funds and subsequently filing for bankruptcy • impersonating a legitimate business or individual in a support...

Scope of the ISDA Master Agreement—Section 6 (Early Termination)

Scope of the ISDA Master Agreement—Section 6 (Early Termination) ISDA documents The 1992 and 2002 ISDA Master Agreements (the Master Agreements) are standard form documents produced by the International Swaps and Derivatives Association, Inc (ISDA). In this Practice Note, references to Sections of a Master Agreement and Parts of a Schedule are references to the 2002 ISDA Master Agreement and Schedule unless otherwise stated. For general information about negotiating ISDA Master Agreements, see: Introduction to negotiating ISDA documents. Section 6—Early Termination Section 6 (Early Termination) of the Master Agreement sets out the consequences of an occurrence of an Event of Default or Termination Event as detailed in Section 5 (see Practice Note: Scope of the ISDA Master Agreement—Section 5 (Events of Default and Termination Events)). Importantly, it sets out how the close out netting mechanism operates following an Event of Default or Termination Event. Right to Terminate Following an Event of Default Where a party has defaulted under Section 5(a) (Events of Default)...

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Claim against a driver for a collision caused by misleading signals

Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...

Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)

Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent) [ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM We write further to our letter dated [insert date of previous correspondence, if any]. [As you know, we OR We] are instructed by [insert client’s full name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the sent in accordance with the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) of the Civil Procedure Rules, a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter which sets out the deadline by which your response is required and consequences of failing to respond properly within...

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Where a lease of mixed use property has been granted and the tenant has stopped paying rent and is no longer trading from the commercial unit, but is still in occupation of the residential flat, can the part of the lease in respect of the commercial unit be forfeited, and a separate action for possession be commenced in respect of the part of the lease regarding the residential flat?

Where a lease of mixed use property has been granted and the tenant has stopped paying rent and is no longer trading from the commercial unit, but is still in occupation of the residential flat, can the part of the lease in respect of the commercial unit be forfeited, and a separate action for possession be commenced in respect of the part of the lease regarding the residential flat? In this Q&A, there is just one lease in respect of this mixed used property, rather than two separate leases, and this Q&A has been drafted on that basis. As the property consists of residential parts, unless the landlord is completely certain that all residential occupiers have vacated, the lease of the whole premises will need to be forfeited by way of court proceedings, rather than by peaceably re-entering. Peaceably re-entering an occupied residential property would constitute a criminal offence pursuant to section 2 of the Protection from Eviction Act 1977 (PEA 1977). See Practice Note: Protection from eviction and protection...

Once a child ceases to be of compulsory school age, at what point can they move to the next phase of education? Is there a set number of hours that must be met to satisfy the compulsory school full-time attendance requirement? Could some of that time be in an unregistered facility?

Once a child ceases to be of compulsory school age, at what point can they move to the next phase of education? Is there a set number of hours that must be met to satisfy the compulsory school full-time attendance requirement? Could some of that time be in an unregistered facility? Compulsory school age Children of compulsory school age are required to be in education (although not necessarily in school). A child begins to be of compulsory school age: • when they attain the age of five, if they attain that age on a prescribed day, and • otherwise at the beginning of the prescribed day next following their attaining that age The prescribed days for the start of compulsory school age are 31 August, 31 December and 31 March in each year. A person ceases to be of compulsory school age at the end of the day which is the school leaving date for the school year during which they have their 16th birthday. The school leaving...

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Employment weekly highlights—24 July 2025

This edition of Employment weekly highlights includes: (1) an Employment Rights Bill clause amendment voted in favour of by the House of Lords at the Bill’s Report Stage, creating a duty on certain employers to take reasonable steps to investigate any whistleblowing disclosure made to them, (2) a call for evidence on unpaid internships and similar work practices, (3) updated Sponsor Guidance from the Home Office, (4) draft legislation due to come into force in April 2026 to make recruitment agencies jointly and severally liable for PAYE when they supply workers via umbrella companies, (5) analysis by Jen Kingsmill and Charlotte Morgan of Lewis Silkin of the legal and practical challenges for employers of behavioural additions related to the use of smartphones and digital technology generally, (6) a judgment from the Court of Appeal upholding a race discrimination claim against Leicester County Council, (7) the announcement of a planned upgrade closure on 31 July of Employment Tribunals online services, (8) publication by the Lexis+® UK Ireland (Employment) team of a...

Local Government weekly highlights—24 July 2025

This week's edition of Local Government weekly highlights includes expert analysis on post-adoption contact in Re S (Placement Order Contact), the planning implications of the English Devolution Bill and Welsh housing policy reforms. It also covers key case law developments, including Waltham Forest v John on civil penalties under licensing schemes and R (on the application of Sarah Moakes) v Canterbury City Council and another on JR in AONB decisions, together with Appeal trackers on Test Valley Borough Council v Fiske and R (on the application of Sabhya Bano) v Waltham Forest LBC. Updates span Ofsted’s renewed inspection framework, CQC enforcement, childcare payment eligibility, NHS manager regulation, housing eligibility changes linked to international evacuations, cladding remediation deadlines, social security exemptions, teacher pay orders, devolution rollout and the cabinet Office’s 100 million pounds innovation squads initiative. It further includes updates on children’s social care, planning, social housing, education and licensing.