Anything which prevents an individual or firm from acting in the best interests of a client.

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). For practical guidance relating to the previous legislation, see Practice Note: Introduction to public contracts procurement. Duty to identify conflicts of interest PA 2023, s 81 places a duty on contracting authorities to take all reasonable steps to identify, and keep under review, conflicts of interest, or potential conflicts of interest, in relation to a covered procurement. PA

This Checklist will help you to ensure that you are taking appropriate steps to identify, monitor and manage the risks arising from, and comply with the SRA’s requirements relating to, conflicts of interest. It reflects the requirements of the SRA Standards and Regulations. Requirement Compulsory or recommended Comments (if any) ☐ Develop an effective system for identifying and assessing conflicts of interest to ensure you do not act in a conflict situation unless an exception applies.See:—Practice Note: Conflicts of interest—systems and controls—Precedent: Conflicts, confidentiality and disclosure policy—law firms Compulsory SRA Code for Firms, paras 2.1, 2.5, 6.1 and 6.2 (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Establish a register of interests held by partners and members of staff, which you can consult to identify own interest conflicts.See Precedent: Register of interests to identify own interest conflicts. Recommended This will help you identify conflicts and demonstrate compliance with the SRA Code for Firms, paras 2.1 and 2.5 (Insert any comments you may wish to make regarding your

Subject: New client—conflicts search Please email me immediately if you know of any reason why we cannot act for [insert client name]

Conflicts of interest can cause difficult and serious problems for solicitors and law firms, both from a compliance point of view and in client relationships. If a conflict of interest arises, or there is a risk of one arising, it is imperative to: • have systems and controls in place to enable the conflict to be identified • know whether it is possible to act or continue to act for the client(s) involved, and • understand the safeguards that may be needed to manage the conflict Solicitors Regulation Authority (SRA) regulatory regime The key requirements of the SRA Standards and Regulations include the SRA: • Principles • Code of Conduct for Solicitors, registered European lawyers (RELs), registered foreign lawyers (RFLs) and registered Swiss lawyers (RSLs) • Code of Conduct for Firms • Accounts Rules, and • Glossary For details of the SRA Standards and Regulations, see Practice Note: The Solicitors Regulation Authority (SRA) regime for family lawyers. Conflict of interest checks Paragraph 6 of the SRA Code of Conduct for Firms deals with conflicts

Conflicts of interest can cause difficult and serious problems for solicitors and law firms, both from a compliance point of view and in your client relationships. If a conflict of interest arises, or there is a risk of one arising in the course of your work, it is imperative to: • have systems and controls in place to enable the conflict to be identified • know whether you can act or continue to act for the client(s) involved • understand the safeguards that may be needed to manage the conflict The SRA Codes of Conduct (the SRA Code for Solicitors, RELs, RFLs and RSLs (Code for Solicitors) and the SRA Code for Firms) refer to two types of conflict of interest as shown below: Type of conflict Term used by SRA Brief description Own interest conflict Own interest conflict Where your duty to act in the best interests of any client conflicts, or may conflict, with your own interests in relation to that matter or a related matterSee below: Own interest conflict Client

The SRA Codes of Conduct (the SRA Code for Solicitors, RELs and RFLs (Code for Solicitors) and the SRA Code for Firms) refer to two types of conflict of interest as shown below: Type of conflict Term used by SRA Brief description Own interest conflict Own interest conflict Where your duty to act in the best interests of a client conflict, or may conflict, with your own interests in relation to that matter or a related matter Client conflict Conflict of interest Where your separate duties to act in the best interests of two or more clients conflict in relation to that matter or a related matter (commonly known as a client conflict) You can never act when there is an own interest conflict. You cannot act when there is a client conflict of interest unless: • one of two specific exceptions applies, and • additional safeguards are met A third category of ‘commercial’ conflicts can arise in practice. These are the sorts of conflict that do not breach any

1 Introduction 1.1 This document sets out our policy for identifying and managing conflicts of interest and confidentiality and disclosure issues. 1.2 Our obligation to manage conflict, confidentiality and disclosure issues can arise from: 1.2.1 regulatory requirements, eg in the Solicitors Regulation Authority (SRA) Codes of Conduct; 1.2.2 legal requirements, eg the general law on our duties to our clients (known as fiduciary duties); 1.2.3 contractual requirements, eg specific conflicts and confidentiality provisions in contracts we have entered into. 1.3 The purpose of this policy is to: 1.3.1 set out our responsibilities and the responsibilities of those working for us, in relation to conflicts of interests, confidentiality and disclosure; 1.3.2 provide information and guidance on how to recognise and deal with conflict, confidentiality and disclosure issues. 1.4 Failure to properly identify and manage conflicts, confidentiality and disclosure issues can have the following consequences: 1.4.1 clients may not receive the level of service they are entitled to expect, which may result in complaints or negligence claims; 1.4.2 our reputation could be damaged; 1.4.3 the firm or individuals within the firm could be: (a) disciplined by the SRA or another regulator, which could lead to fines, disqualification or other sanctions;

A: General information Date of review Person(s) conducting review B: Data 1 Rolling data Criteria In the last [insert period, eg quarter] In the last 12 months Number of suspected conflict / confidentiality / disclosure issues reported to COLP for a decision on whether we could act (‘reported cases’) Number of reported cases where instructions were rejected following review by the COLP Number of reported cases where instructions were accepted following review by the COLP (including cases that are now closed) 2 Snapshot data Number of reported cases where a decision is pending from the COLP (eg on whether we can

Introduction We are all expected to act in the best interests of the organisation. A conflict of interest can arise when an individual’s personal, financial or other interests interfere with the interests of the organisation. Even the appearance of a conflict is inappropriate and can damage the organisation and its reputation. Activities of relatives and close associates can also cause conflicts of interest.  Conflicts take many different forms, but they often involve: • outside employment; • interests in other businesses; • commercial opportunities; and • family and close personal relationships. These scenarios are described in more detail below. This is not a definitive list of every situation in which a conflict can arise. If you have a sense of ‘conflicting loyalties’ or other people might reasonably perceive that you have conflicting loyalties, there may be a conflict of interest that should be resolved. Many actual or potential conflicts of interest can be resolved in an acceptable way for both the individual and the organisation, but they should always be brought to our attention—see below: ‘What to do in a conflict situation’. Outside employment You

A form of an executed document in which all the manuscript elements (for example signatures and manuscript amendments) are entered in typed form

Conforming goods are goods that meet the quality, description and performance standards required under a contract of sale or supply, including any statutory implied terms. In commercial and consumer contracts in England and Wales, Scotland, Northern Ireland and Ireland, the concept reflects statutory requirements that goods must, for example, match their description, be of satisfactory or merchantable quality and be fit for any particular purpose made known by the buyer. While “conforming goods” is not usually a defined statutory term, it is widely used in sale of goods, supply of goods and services, and international trade contracts to distinguish goods that comply with contractual and legal obligations from “non-conforming goods”, which may entitle the buyer to reject, repair, replacement, price reduction or damages. In the UK, the key legislation includes the Sale of Goods Act 1979 and the Consumer Rights Act 2015; in Ireland, the Sale of Goods Act 1893 (as amended) and the Consumer Rights Act 2022. Usage and underlying principles are broadly consistent across the four jurisdictions, though remedies and consumer protections differ slightly.