Public sector contract creation

A contract is a legally binding agreement that grants rights and creates duties. It may be oral, written, partly oral and partly written, or inferred entirely from the conduct of the parties. This subtopic is aimed at public sector lawyers dealing with contract matters, beginning with the basic elements required for the creation of a valid and enforceable contract, moving to further considerations relating to contract formation such as:

  1. certainty

  2. underlying questions of capacity and authority

  3. structure and formation of written contracts

The guidance in this subtopic is intended to provide an overview of the main issues relevant to the creation of enforceable contracts. The full range of guidance and materials on commercial contracts is available from Lexis+® UK Commercial.

Basic elements

Four key elements are required for effective creation of a contract:

  1. offer—an expression of willingness to contract on specified terms, which is intended to become binding as soon as it is accepted

  2. acceptance—a final and unqualified expression of assent, by words or by conduct, to the terms of the offer

  3. consideration—being something of value, which one party gives

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Local Government weekly highlights—22 May 2025

This week's edition of Local Government weekly highlights includes coverage of the Supreme Court judgment in Darwall v Dartmoor National Park Authority, confirming that section 10(1) of Dartmoor Commons Act confers a public right of access which extends to wild camping as a form of open-air recreation plus expert analysis of Vanhove v SSE and TRA, in which the High Court outlined the correct approach to be taken when considering an appeal against teaching prohibition orders; RP v Barnsley MDC, in which during an EHC Plan appeal, a bundle pagination error amounted to a procedural irregularity and error of law; the CA case of J v Bath and North East Somerset Council on the necessity of a DOLs order where all parties with parental responsibility consent; Tesco v SMBC, which considered the interpretation of the sequential test in retail planning; and Greenfields (IOW) Ltd v Isle of Wight Council, finding that failure to publish a section 106 agreement could put planning permission at risk. Case reports include R (Siderise Insulation Ltd) v The Mayor and Burgesses of the Royal Borough of Kensington and Chelsea, in which the court granted permission for a judicial review of the LA’s decision to prohibit Siderise products in its construction projects based on an arguable inconsistency with PCR 2015; R (Stoke Mandeville Parish Council) v Buckinghamshire Council, in which the court quashed the LA’s decision granting planning permission for a residential development, finding that the LA misinterpreted the Vale of Aylesbury Local Plan Policy on loss of existing sports and recreation facilities; Ealing LBC v The Father, in which the court determined the best outcome for a child under a special guardianship order combined with a rare, co-existing care order to the LA; and Mayor and Commonality and Citizens of The City of London v 48th Street Holding Ltd, in which a debt claim brought by the City of London to recover unpaid non-domestic rates and for declaratory relief was dismissed. The weekly highlights also includes further updates on Public procurement, Education, Social care, Planning, Children’s social care, Governance, Pensions, Social housing, Licensing and Environmental law and climate change.

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