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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

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),...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Practice notes

Direct effect of EU 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...

Produced in partnership with Laura Bolado 9th Nov

Brexit

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...

Produced in partnership with Carl Gardner 9th Nov

Practice notes

Parliamentary committees

In briefA great deal of the business of Parliament is carried out by committees of MPs or peers working on a specific subject or task. Public bill...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov

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...

Produced in partnership with Carl Gardner 9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Convention rights—structure of qualified rights

The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...

Produced in partnership with Alexander Campbell of Field Court Chambers 9th Nov

Practice notes

Indirect effect of EU 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...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

The supremacy of EU 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...

Produced in partnership with Adam Cygan of University of Leicester 9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 9th Nov

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

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...

Produced in partnership with Carl Gardner 9th Nov

Practice notes

Overview of the EU legal system

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...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Most recent Public sector clause bank content

Practice notes

Jurisdiction rules

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...

27th Nov

Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public...

25th Nov

In-house

Practice notes

Payment of subcontractors in public sector contracts

Boilerplate provisions in public sector contractsThis Practice Note looks at payment of subcontractor clauses in public sector contracts. For more...

25th Nov

Practice notes

The role of boilerplate

This Practice Note discusses the role and importance of the boilerplate clauses in an agreement. It identifies the boilerplate clauses that most...

25th Nov

Practice notes

Guide to Brussels I (recast) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is intended to act as a guide to the main changes implemented...

18th Nov

Practice notes

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

4th Nov

In-house

Q&As

What materials are available to assist with drafting variations to existing English law contracts between controllers and processors of personal data as necessary to comply with the GDPR?

BackgroundThe General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 will replace Directive 95/46/EC (Data Protection Directive) and all...

19th Oct

Practice notes

Data protection 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...

16th Oct

Q&As

Do contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015?

If a contracting authority’s standard form contracts do not already contain provisions which allow for termination in the circumstances specified in...

Produced in partnership with Mark Bassett of Dentons UKMEA LLP 29th Sep

Q&As

Is the use of ‘and/or’ considered best drafting practice in commercial agreements? How do the courts interpret the use of this phrase?

Where parties disagree on the meaning of an incorporated term, it will be the task of the court to objectively construe the meaning of the term,...

28th Sep

Q&As

What is the Model Services Contract?

This Q&A examines the main changes in the Model Services Contract (MSC) published by the Crown Commercial Service (CCS) in February 2014.What is the...

28th Sep

Q&As

Are there Brexit model clauses that a business should consider incorporating in its service agreement where the business is selling goods and services to customer in and outside UK?

For assistance with your query, see: Brexit—Commercial, in particular the following:...

28th Sep

Brexit

Precedents

Anti-bribery clause (short form)—construction contracts

Anti-bribery 1 Bribery Laws means the Bribery Act 2010 [and all other applicable UK legislation, regulations and...

26th Sep

Precedents

Anti-bribery clause (long form)—construction contracts

Anti-bribery (long form) 1 Bribery Laws means the Bribery Act 2010 [and associated guidance published by the...

26th Sep

Precedents

Contracting authority contract sharing clause—lead contracting authority engages supplier on behalf of its partners

DefinitionPartner•means[the following: [NAME RELEVANT PARTNERS]ORthose [describe group of contracting authorities eg Councils or academies in a...

26th Sep

Precedents

Contracting authority contract sharing clause—Buyer’s partners contract directly with the supplier

DefinitionsPartner(s)•meansEITHER:[the following: [NAME RELEVANT PARTNERS]ORthose [TYPE OF GROUP, eg councils or academies in a geographical area or a...

26th Sep

Precedents