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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Exclusion and limitation of liability

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and

Introduction to the EU GDPR and UK GDPR

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can

Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep

Practice notes

Judicial review—time limits and the pre-action protocol

When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep

Practice notes

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

27th Sep

Practice notes

Brexit timeline [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. On 23 June 2016, the UK held a referendum on its membership of the EU, with a...

26th Sep

Brexit

Practice notes

Judicial review—interested parties and interveners

Interested partiesIn the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly...

26th Sep

Practice notes

EU public procurement case tracker

The EU public procurement case tracker records and summarises the most recent European case law developments relating to public procurement. This...

26th Sep

Practice notes

Introduction to public contracts procurement

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

26th Sep

Practice notes

Introduction to utilities contracts procurement

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

25th Sep

Practice notes

Remedies: overview of direct, indirect effect and state liability

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Sources of constitutional law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Challenging a public procurement award—procedures, remedies and time limits

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

25th Sep

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

25th Sep

Practice notes

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

25th Sep

Practice notes

Public procurement—key considerations

A contracting authority procuring a public contract above a certain financial threshold must use one of the permitted procurement procedures set out...

25th Sep

Practice notes

Methods of statutory interpretation used to resolve ambiguities in legislation

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Convention rights

The European Convention on Human Rights (ECHR) was adopted by the Council of Europe in 1950. The ECHR sets out the rights and freedoms which the...

25th Sep

Most recent Public sector contracts content

Practice notes

Expert determination

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...

25th Sep

Practice notes

Entire agreement clauses

This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...

25th Sep

In-house

Practice notes

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

25th Sep

In-house

Practice notes

Executing documents—deeds and simple contracts

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...

25th Sep

COVID-19

In-house

Practice notes

Know-how—protection and licensing

What is know-how?‘Know-how’ is technical or practical knowledge resulting from research or experience and usually relates to the way something is...

25th Sep

Practice notes

Health and safety clauses in public sector contracts

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

Practice notes

Boilerplate provisions in public sector agreements: general considerations

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

Practice notes

Human rights clauses in public sector contracts

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

25th Sep

COVID-19

In-house

Practice notes

Public Bodies Act 2011—contractual implications

Reform backgroundOn 14 October 2010, Francis Maude, the Minister for the Cabinet Office stated in a written ministerial statement that 'the landscape...

25th Sep

Practice notes

IP—new starter databases guide

This new starter guide provides an introduction to database law. It focuses on highlighting the basic principles that apply and includes numerous...

25th Sep

Practice notes

IP—new starter trade marks guide

This new starter guide provides an introduction to trade marks. It focuses on highlighting the basic principles that apply and includes numerous links...

25th Sep

Practice notes

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

25th Sep

In-house

Practice notes

Freedom of information clauses in public sector contracts

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

Practice notes

Copyright in databases and database right

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

25th Sep

Practice notes

IP issues to consider in share purchase contracts

This Practice Note focuses on the intellectual property (IP) rights aspects of share purchase transactions, alongside some more general issues that...

25th Sep

Practice notes

Subcontracting

This Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting permission to...

25th Sep

Practice notes

Virtual execution of documents

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

25th Sep

COVID-19

In-house

Practice notes

Defining terms

This Practice Note discusses the role and importance of defined terms in an agreement. It identifies the defined terms that most commonly appear in...

25th Sep

Practice notes

How to terminate an agreement

IntroductionAs commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if,...

25th Sep

In-house