The following Construction practice note Produced in partnership with Hardwicke provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Construction?
Value is a key concern in the case of public procurement, as it is ultimately the taxpayer who funds public services. The law therefore places certain duties on public bodies who contract out services, in order that they find the best value. The duties considered in this Practice Note are additional to those that are imposed by virtue of the Public Contracts Regulations 2015, SI 2015/102 (for more on which, see subtopic: Procurement procedure).
The forerunner to the current Best Value regime was known as Compulsory Competitive Tendering (CCT), contained in the Local Government, Planning and Land Act 1980. CCT allowed authorities to provide services in-house only where they would win a competition with the private sector. The rules were enforced by the Secretary of State who had the power to order a re-tendering.
The Local Government Act 1999 (LGA
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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