The following In-house Advisor practice note provides comprehensive and up to date legal information covering:
The purpose of this Precedent is to provide guidance on planning the key steps of a tender process for sourcing external preferred legal services suppliers. This document is drafted on the assumption that the organisation is a private sector organisation incorporated in England and Wales and in particular is not subject to public sector procurement rules.
It is important for the legal procurement team to agree and document a procurement project plan from the outset. This can be used once the decision has been taken by an organisation (preferably in conjunction with its in-house legal team) to outsource some or all of its legal work to external legal service suppliers by procuring an external panel of legal services suppliers. The project plan can be used as an internal document both for the procurement team to keep the project on track, and to assist discussions with internal sponsors as the project progresses. See Precedent: Procurement project plan—legal services.
Before writing a procurement project plan you should conduct research into your organisation’s legal services needs, both current and future. You should consider the in-house legal team’s strategy and the organisation should take a formal decision to outsource or buy legal services (or continue to do so). Your procurement plan will need to reflect your research and incorporate future needs based on previous experience and current needs.
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
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Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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