The following Construction practice note Produced in partnership with Hardwicke provides comprehensive and up to date legal information covering:
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.
The Public Contract Regulations 2015, SI 2015/102 (PCR 2015) implement the Public Contracts Procurement Directive (2014/24/EU) in England, Wales and Northern Ireland, which modernised the rules for the procurement of goods, services and works above certain thresholds by public authorities. They also re-enacted the relevant provisions of Directive 89/665/EEC (as amended) on remedies and review procedures for public procurement, as originally implemented by the Public Contracts (Amendment) Regulations 2009, SI 2009/2992 (now revoked).
This Practice Note focuses on the procedure under the PCR 2015. The remedies regime can be found in Part 3 of the PCR 2015, and applies to public procurement procedures commenced on or after 26 February 2015. Parts of the regime may also apply to certain contracts awarded before 26 February 2015, in cases concerning substantial modifications to such contracts.
Legal action can be taken against a contracting authority by an economic operator (ie a tenderer or potential tenderer) and breaches are actionable in the High Court by any aggrieved party who has suffered or is
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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