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Latest Public Law News

Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

The following Energy news provides comprehensive and up to date legal information on Brexit deal doesn’t force UK to follow EU’s carbon market expansion, official says

Brexit highlights—15 January 2021

Brexit highlights—15 January 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit highlights—15 January 2021

The Trade and Cooperation Agreement—implications for business tax

The Trade and Cooperation Agreement—implications for business tax

The following Public Law news provides comprehensive and up to date legal information on The Trade and Cooperation Agreement—implications for business tax

Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

The following Commercial news provides comprehensive and up to date legal information on Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

Featured Public Law content

Forming enforceable contracts—intention to create legal relations

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

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

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

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...
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Produced in partnership with Laura Bolado 12th Jan
tag iconBrexit
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...
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Produced in partnership with Carl Gardner 12th Jan
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...
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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...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
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...
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Produced in partnership with Carl Gardner 12th Jan
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...
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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...
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Produced in partnership with Alexander Campbell of Field Court Chambers 12th Jan
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...
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Produced in partnership with Laura Bolado 12th Jan
tag iconBrexit
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...
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Produced in partnership with Adam Cygan of University of Leicester 12th Jan
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
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...
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9th Nov
tag iconCOVID-19 tag iconIn-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...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan
tag iconScottish 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...
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9th Nov
tag iconBrexit
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...
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Produced in partnership with Carl Gardner 12th Jan
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...
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Produced in partnership with Laura Bolado 12th Jan
tag iconBrexit

Most recent Q&As content

Q&As

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

This answer refers to the provisions for implementation of the EU-UK Trade and Cooperation Agreement (TCA), and associated agreements, under Part 3 of...
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Produced in partnership with Eleonor Duhs of Fieldfisher and Louise Laing of Brodies LLP, FieldfisherCounsel for EU and International Law, House of Commons 15th Jan
Q&As

What are the key considerations for establishing whether a piece of direct EU legislation is within the scope of retained EU law?

What are directly applicable EU laws?During the UK’s membership of the EU, EU legislation did not form part of the UK legal system in the same way as...
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Produced in partnership with Adam Cygan of University of Leicester 15th Jan
Q&As

What is the status of EU directives in the context of retained EU law? Are there any circumstances where EU directives or provisions of directives (and associated case law) are retained?

Sections 2 to 7 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A...
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Produced in partnership with Michael Bimmler of No 5 Chambers 15th Jan
Q&As

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...
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15th Jan
tag iconBrexit
Q&As

How do I protect confidential information in the workplace?

What counts as confidential information? The legal definition of confidential information is information that is (i) confidential in nature, and (ii)...
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12th Jan
Q&As

What is retained case law and to what extent are UK courts and tribunals bound/able to follow it?

Retained case law is defined in section 6(7) of the European Union (Withdrawal) Act 2018 (EU(W)A 2018). It encompasses both domestic case law and the...
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11th Jan
Q&As

What are Francovich damages and how does Brexit impact the right to claim?

Damages may be available from an EU Member State if it is found to have breached an individual's right under an EU law provision which has direct...
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11th Jan
tag iconBrexit
Q&As

What are the key features of a Brexit SI?

As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and secondary legislation, including a...
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11th Jan
tag iconBrexit
Q&As

What is retained EU law?

Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...
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Produced in partnership with Mathias Cheung of Atkin Chambers 11th Jan
tag iconBrexit
Q&As

When filing an acknowledgment of service in judicial review proceedings, does the 21-day time limit include bank holidays? What happens if the time limit is not adhered to?

Bank holidays are included in the computation of the 21-day time limit for filing of the acknowledgment of service (AOS) in judicial review...
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Produced in partnership with Peter Ware of Browne Jacobson 8th Jan
Q&As

Can a contracting authority change the procedure adopted for a public procurement exercise (eg from open to negotiated procedure) once the procurement process has started?

In conducting our research we have focussed on above-threshold procurement exercises regulated by the Public Contracts Regulations 2015, SI 2015/102...
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Produced in partnership with Brendan Ryan of Pinsent Masons 8th Jan
Q&As

Under what circumstances could a contracting authority negotiate or amend the terms of a contract tendered using the restricted procedure? What are the potential consequences of doing so?

In answering this Q&A we have considered whether, prior to concluding a public contract tendered under the restricted procedure, the contract terms...
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Produced in partnership with Peter Ware of Browne Jacobson 8th Jan
Q&As

Can a public contract which has been extended to the fullest extent provided in the OJEU notice and contract documents be extended further by a modification under regulation 72 of the Public Contracts Regulations 2015?

Regulation 72 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (SI 2015/102, reg 72) is aimed at clarifying the extent to which...
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Produced in partnership with Brendan Ryan of Pinsent Masons 8th Jan
Q&As

Coronavirus (COVID-19)—what are the arrangements for contacting courts which are now ‘temporarily suspended’ but which were dealing with ongoing and/or urgent applications?

The coronavirus (COVID-19) pandemic is causing severe difficulties in the operation of the court estate. As of 27 March 2020, HMCTS confirmed that the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
tag iconCOVID-19
Q&As

Where a trade mark coexistence agreement is silent on successors-in-title, will the agreement be binding on the successor-in-title in an asset purchase transaction?

Unlike real property, where a covenant in a lease will become binding on the successors and assigns upon the purchase of the asset (ie a house or...
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Produced in partnership with Paul A. Harris of Venner Shipley 8th Jan
Q&As

Are there any best practice tips for contracting authorities in relation to their duties to make procurement documentation available electronically under the Public Contracts Regulations 2015?

A well-known problem amongst procurement professionals is the difficulty presented by the obligation under regulation 53 of the Public Contracts...
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Produced in partnership with Mark Bassett of Dentons UKMEA LLP 8th Jan
Q&As

How will UK equality and human rights law differ post-Brexit?

Starting point―impact of European Union (Withdrawal) Act 2018The starting point for this question is the European Union (Withdrawal) Act 2018 (EU(W)A...
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Produced in partnership with Mathias Cheung of Atkin Chambers 8th Jan
tag iconBrexit
Q&As

Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for those seeking to issue a claim in the Intellectual Property Enterprise Court?

What is the problem?In an intellectual property (IP) claim, it is often difficult to predict quantum at the time the claim is issued.Why does the...
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Produced in partnership with Daniel Byrne of AA Thornton 8th Jan
Q&As

In a no-deal Brexit scenario where personal data will be transferred by an EU controller to a UK processor and that processor will then transfer the personal data to a subprocessor outside the UK and EU, Model Clauses in place between the EU controller and the UK processor will require the processor to impose the same obligations as in those Model Clauses on the subprocessor (or that the subprocessor co-signs those Model Clauses). Does there also need to be Model Clauses in place between the EU controller and the (non-UK and non-EU) subprocessor?

This Q&A considers the hypothetical scenario in which the UK leaves the EU and EEA, without any deal regarding a transition period, from the...
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Produced in partnership with JP Buckley of DWF LLP 8th Jan
tag iconBrexit
Q&As

Can a contracting authority specify in its selection criteria that non-compliance with human rights obligations internationally in the economic operator’s supply chain will result in exclusion? If so, is it sufficient for the economic operator to self-certify compliance? Should the contracting authority undertake any independent verification?

This Q&A is limited to the law in England under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.In answering this question, it is...
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Produced in partnership with Denis Edwards of Normanton Chambers 8th Jan

Popular documents

LEXISNEXIS

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a

LEXISNEXIS

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully

LEXISNEXIS

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR

LEXISNEXIS

Double insurance and contribution

Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk