The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at the key parties typically involved in a PFI or PF2 project. It considers the roles of parties in the public sector, of private sector partners, finance parties and sub-contractors, support providers and other professionals.
In the 2018 Budget (delivered on 29 October 2018), it was announced that the government will no longer use PF2 on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, existing PFI and PF2 projects will continue to run, and given the typical lifespan of such projects this is likely to be for many years.
This is the public sector body that initiates and procures the PFI project and who wants the asset built and maintained (the term 'Trust' is used only in the case of NHS projects). The public sector body will typically be a local authority (including fire and rescue and (formerly) police authorities), an NHS Trust or a government department or non-departmental public body. The Authority/Trust enters into a long-term contract known as the Project Agreement which will usually have a term of 25 to 30 years. Under the Project Agreement, the Authority/Trust appoints the private sector provider to design and build (usually), and finance and operate (always) the project for the Authority/Trust over the life of the project. The Authority will set out its requirements of
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
The offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will normally be dealt with in the Crown Court. However, there may be cases involving minor violence or threats of violence leading to no or minor injury, with few people
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