The following TMT practice note Produced in partnership with Rachel Barrett of Cloisters provides comprehensive and up to date legal information covering:
The best value duty (BVD) was introduced by the Local Government Act 1999 (LGA 1999). That remains the governing legislation although it has been amended considerably, particularly by the Local Government and Public Involvement in Health Act 2007 (LGPIHA 2007). Revised statutory guidance on the BVD was issued by the Department for Communities and Local Government (DCLG) on 26 March 2015.
Best value replaced compulsory competitive tendering (CCT) which had required local authorities in England and Wales to expose prescribed services to a competitive tendering exercise in classified circumstances and only permitted in-house delivery of the services if the in-house team had a successful bid in the tendering exercise. Unlike CCT, best value is not directly concerned with outsourcing and applies to the full range of the authority's functions. However authorities subject to the BVD must comply with it in determining how to deliver their functions. This includes consideration as to whether a service be delivered in-house or should be outsourced in whole or in part.
The BVD is not directly connected with the authority's obligations under public procurement law. It does not exempt an authority conducting a procurement exercise from compliance with the Public Contracts Regulations (SI 2015/102). The BVD is however part of the wider commissioning process and will be relevant to an authority:
in deciding whether to deliver a service in-house or whether
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This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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
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