The following Public Law practice note Produced in partnership with Lee Digings of Lee Digings Associates 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 Contracts Directive, which sets out the European Union public procurement rules, is implemented in the UK (as regards England, Wales and Northren Ireland) by the Public Contracts Regulations 2015 (PCR 2015). PCR 2015 apply where one of the parties to any arrangement is a 'contracting authority' as defined at regulation 2(1). In addition, the arrangement must be within the scope of PCR 2015—that is, subject to exemptions (at regulations 7 to 12 of PCR 2015):
there is an arrangement which is a 'public services contract', 'public supply contract' or 'public works contract', as these terms are defined at regulation 2(1), and
the relevant contract is of a value above certain thresholds (regulation 5)
There is therefore concern that an arrangement between a contracting authority and the recipient of a grant could fall within the scope of PCR 2015.
The confusion about the application of PCR 2015 mainly arises in connection with public service contracts. This is
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a state of emergency•limited rights—which may be
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note
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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