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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

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

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ARCHIVED: This Practice Note has been archived and is not maintained.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 Q&As content

Q&As

Would the leasing of a property by a contracting authority to provide temporary accommodation for its residents fall within the scope of the Public Contracts Regulations 2015?

The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 10 excludes a number of a specific categories of service contract from the scope of...

Produced in partnership with Alfred Artley of Monckton Chambers 28th Sep

Q&As

What does Brexit mean for UK students in courses that require periods of study in another EU country?

Until formal notice is given under Article 50 of the Lisbon Treaty (TEU), the UK remains part of the EU and therefore subject to all the regulations,...

Produced in partnership with Shazia Akhtar of Hardwicke 28th Sep

Brexit

Q&As

Do you have any guidance on whether Brexit is considered a force majeure event?

We refer you to the following which may be of assistance:•Q&A: Is Brexit considered a force majeure event?•Practice Note: Brexit—contract risk...

28th Sep

Brexit

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

Q&As

Do you have guidance on the general implications for UK trade in services with the EU27 if the UK trades with the EU on World Trade Organization rules following a ‘no deal’ Brexit outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade...

28th Sep

Q&As

Can a sub-contractor rely on Article 6(1)(b) of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) as a lawful basis of processing when processing the relevant personal data as ‘processor’ on behalf of a controller where that controller has entered into the relevant contract that may form the lawful basis under Article 6(1)(b) of the GDPR with the data subject?

Processing personal data for the performance of a contractIn answering this Q&A, we assume the sub-contractor is acting as ‘processor’ and the other...

28th Sep

Q&As

In the context of an English law agreement what is a ‘preferred supplier’? Might there be any regulatory issues to consider in connection with the appointment of a ‘preferred supplier’?

What is the meaning of ‘preferred supplier’?The term ‘preferred supplier’ is often used in business, however it has no definitive or clear meaning in...

28th Sep

Q&As

What guidance is available for contracting authorities on exclusion of bidders in public procurement?

Eligibility and selection in public procurementContracting authorities conducting a public procurement exercise under the Public Contracts Regulations...

28th Sep

Q&As

What considerations are raised when a supplier, who has successfully won a contract subject to the Public Contracts Regulations 2015, SI 2015/102, obtains consent to sub-contract the entire provision of the goods or services to a group company?

The PCR 2015The Public Contracts Regulation 2015 (PCR 2015), SI 2015/102 implemented the Directive 2014/24/EU (the Public Contracts Directive) and...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep

Q&As

Do the European Union (Withdrawal) Act 2018 provisions on ambulatory references apply to contracts?

What is retained EU law?EU law takes effect in the UK through the European Communities Act 1972 (ECA 1972). ECA 1972 will be repealed by section 1 of...

Produced in partnership with Kieran Laird, Director and Head of Constitutional Affairs of Gowling WLG 28th Sep

Q&As

What are the implications for trading in goods with the EU27 if the UK trades on World Trade Organization rules in the event of a ‘no deal’ outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...

28th Sep

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...

Produced in partnership with Peter Ware of Browne Jacobson 28th Sep

Q&As

To what extent can a group company bind its affiliates by including them in the party definition?

In approaching this, the steps to consider are as follows:•are the affiliates made party to the agreement by incorporating them in the definition?•if...

28th Sep

Q&As

Can you limit the number of bids a tenderer can submit for a procurement exercise under the Public Contracts Regulations 2015 and can you prevent variant bids from being submitted?

Limiting the number of bids a tenderer can submitA contracting authority (CA) may wish to limit the number of bids a tenderer may submit in a public...

28th Sep

Q&As

How are state aid rules applied in respect of public service broadcasting?

There are sector specific rules in relation to state aid and broadcasting. We refer you to Commentary: Public Service Broadcasting and State Aid:...

28th Sep

Q&As

Where a person (shareholder A) who originally proposed to be a shareholder in an investee company, further to executing a shareholders’ agreement in respect of such investee company, agrees not to become a shareholder in such company, can the other signatories to such shareholders’ agreement terminate the agreement without the written agreement of shareholder A?

A shareholders’ agreement is a private agreement entered into among the shareholders of an investee company and the investee company itself, to...

28th Sep

Q&As

In relation to copyright clauses within collateral warranties, what is meant by ‘Such licence shall entitle the Beneficiary to use and reproduce the Copyright Materials for an extension but such use shall not include a licence to reproduce the designs contained in them for any such extension’?

A collateral warranty is a contract which is collateral to (or sits alongside) an underlying or primary contract. In construction, a collateral...

28th Sep

Q&As

What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?

A framework agreement allows a single tender process to be carried out in respect of a number of construction projects or tasks, therefore reducing...

28th Sep

Q&As

What General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 issues arise when instructing a third party expert in criminal proceedings? What practical steps should instructing solicitors take to ensure they comply with GDPR?

There will be situations where a third party expert may need to be instructed by lawyers acting on behalf of a client. This could be an expert in the...

Produced in partnership with Professor Dan Hyde of Penningtons Manches Cooper 28th Sep

Q&As