The following Public Law Q&A provides comprehensive and up to date legal information covering:
The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 72 is aimed at clarifying the extent to which concluded public contracts and frameworks tendered under PCR 2015, SI 2015/102 may be amended without advertising a new tender process. It establishes ‘safe harbours’ for certain types of amendments in line with principles established in previous case law. These safe harbours include, among others circumstances where the need for modification has been brought about by unforeseen circumstances, the modification does not alter the overall content of the contract and any increase in price does not exceed 50% of the original contract value. Amendments which fall outside the safe harbours will require a new procurement procedure in accordance with PCR 2015, SI 2015/102.
For background reading, see Practice Notes:
Modification and termination of public contracts
Changes to award criteria and contracts
Varying public contracts
The biggest case to date on variation of public contracts is Edenred (UK Group) Ltd v Her Majesty's Treasury, where it was decided by the UK Supreme Court that a proposed amendment to a contract for delivery of tax-free childcare did not involve substantial modifications under PCR 2015, SI 2015/102, reg 72. Lord Hodge first drew attention to PCR 2015, SI 2015/102, reg 72(8), which provides that a modification will be considered to be substantial if certain conditions are met
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.