Occupational pension scheme that was contracted out on a salary-related basis by providing benefits that are broadly equivalent to or better than those specified under the reference scheme test.

Public Law analysis: This case is an important reminder that where the outcome of a procurement is based on a marginal difference in scores, even a minor breach of duty by the contracting authority can have big repercussions. Although all bar one of the unsuccessful bidder's claims were rejected by the court, the claimant ('Braceurself') was able to successfully argue that the contracting authority, NHS England ('NHSE'), had made a manifest error in its evaluation of one of Braceurself's responses to the Invitation to Tender ('ITT'). The court was satisfied that but for this manifest error Braceurself would have been awarded a higher score for that question, which would have rendered it the successful bidder in the procurement. This case also serves as a helpful example of the principles that the Court will follow in determining a complaint of manifest error against a contracting authority. Written by Dylan Milner-Stopps, solicitor at Trowers & Hamlins LLP.

ARCHIVED: This Precedent has been archived and is not maintained. Definitions Partner(s) • means EITHER: [the following: [insert names of partners] OR those [insert type of group, eg councils or academies in a geographical area or a type of public body], as set out in the Find a Tender service (FTS) Notice.] And Partner(s) shall be construed accordingly. Partner Contract • means any agreement, irrespective of form, between the Supplier and Partner(s) deriving from this Agreement. 1 Use of Agreement by Partner(s) 1.1 The Supplier acknowledges and agrees that the Buyer has entered into this Agreement for the benefit of itself and the Partner(s). 1.2 In addition to providing the [Goods OR Services OR Works] to the Buyer pursuant to this Agreement, the Supplier shall also provide such [Goods OR Services OR Works] to any Partner who makes a request, PROVIDED THAT provision of such [Goods OR Services OR Works] shall not interfere with, compromise or reduce the level of service provided by the Supplier to the Buyer under this Agreement. 1.3 Where any Partner wishes for the Supplier to provide [Goods OR Services

ARCHIVED: This Precedent has been archived and is not maintained. Definition Partner • means [the following: [NAME RELEVANT PARTNERS] OR those [describe group of contracting authorities eg Councils or academies in a limited geographical area or a class or type of public body] as set out in the Find a Tender (FTS) and/or Contracts Finder Notice;] And Partner(s) shall be construed accordingly. 1 Use of Agreement by Partners 1.1 The Supplier acknowledges and agrees that the Buyer has entered into this Agreement for the benefit of itself and by the Partners. 1.2 In addition to providing the [Goods OR Services OR Works] to the Buyer pursuant to this Agreement, where: 1.2.1 the Supplier has received a written instruction from the Buyer to provide [Goods OR Services OR Works] to the Partner(s) under this Agreement; and 1.2.2 the Supplier can confirm to the Buyer that provision of such [Goods OR Services OR Works] shall not interfere, compromise or reduce with the level of service provided by the Supplier to the Buyer under this Agreement; the Supplier shall provide such [Goods OR Services OR Works] to the Partner(s) in

Public Law analysis: This case involved a successful application by a contracting authority under the Public Contracts Regulations 2015 (PCR), reg 96(1)(a) to lift the automatic suspension imposed by regulation 95 of the PCR. It provides further clarity on the test to lift the automatic suspension and the difficulties faced by those opposing such an application. As is usually the case in such an application, the contracting authority accepted (for the purposes of the application) that there was a serious issue to be tried such that the case centered on the delicate balance between the adequacy of damages and the balance of convenience. Mrs Justice Jefford, albeit with some hesitation, acknowledged that lifting the suspension could potentially disrupt the claimant’s business in ways that damages could not adequately compensate. However, compelling factors strongly favored lifting the suspension, highlighting the significant evidentiary burden on claimants and the challenges they face when contesting an application to lift the automatic suspension, particularly in cases involving essential public services. The case also highlights the importance of a cross undertaking in damages when it comes to applications to lift the automatic suspension. Written by Sam Pringle, senior associate and Gabriella Rasiah, trainee solicitor at DWF Law LLP.

This Checklist is designed to highlight key cybersecurity considerations which arise during the negotiation and drafting of technology services outsourcing agreements in the UK. For further guidance on wider (non-cybersecurity-specific) IT outsourcing agreement issues, see: IT outsourcing agreement—checklist. For template outsourcing agreements, see Precedents: Outsourcing agreement—long form and Outsourcing agreement—short form. UK law generally takes a ‘principles’ or ‘outcomes’-based approach to cybersecurity, often leaving it for organisations to determine how best to assess, monitor and tackle its cyber risks. For contracting, this means that there are few prescriptive contractual requirements. However, organisations may need to flow down terms to their suppliers so that they can meet their own obligations under other contractual arrangements they are party to. Regulators will also expect that, in the event of an incident, an organisation is able to demonstrate that they took appropriate measures, including contractual measures, to manage their cybersecurity risk (as well as complying with their contractual commitments to their customers). For further information on how cybersecurity is addressed under UK law, see: Cybersecurity, threats and risk management—overview.

This Checklist sets out the key issues to consider when contracting on another party’s standard terms and conditions. This Checklist is relevant for business to business (B2B) terms transactions only. Unless you have a very strong bargaining position, you will have to deal on other’s standard terms from time to time, especially when you are buying goods and/or services. How far you want to go in challenging the standard terms of another party will depend on the overall importance of the contract, its length and value and the importance to your business of the goods or services supplied. A key issue, as a customer, when faced with third party terms is extending the supplier’s liability so that their duty towards you is greater and maximising the extent of your recoverable losses if the supplier fails to perform satisfactorily. Incorporation of your requirements Ensure any specific terms or requirements are effectively incorporated. You should try and include as many of your requirements as possible as specific provisions within your order, in a request for a quote

The term used whereby an employee agrees to contract out of his/her statutory employment law rights by signing a compromise agreement.

Up to 5 April 2016, the facility to opt out of the additional state pension and build up benefits in a workplace pension scheme.

It has long been standard practice for administrators and liquidators to seek to limit their personal liability when entering into contracts on behalf of the company. Moreover, it is not uncommon for office-holders to seek to limit liabilities incurred during the course of an administration or liquidation where such liabilities would rank as an expense of the respective administration or liquidation. Expense claims rank second only to fixed charge claims, and in many cases, ahead of the insolvency office-holder’s remuneration. This Practice Note covers the use of exclusion clauses drafted to contract out of expense claims, reviewing the background to the practice, the issues that may arise in practice and matters to be considered by counterparties when agreeing such clauses. Background to the practice In the course of an administration or liquidation, an office-holder may enter into any number of contracts on behalf of the company when exercising their powers and functions. The two main categories of contracts are those related

This Practice Note sets out the circumstances in which the Landlord and Tenant Act 1954 (LTA 1954) applies to a surrender of a lease of business premises. Parties intending to enter into an agreement to surrender a lease of business premises should check whether the lease has the protection of the security of tenure provisions in LTA 1954. If a tenant has protection under LTA 1954, Pt II and the correct statutory procedure is not followed, then any agreement to surrender will not prevent the tenant from exercising their rights to request (and obtain) a new lease under LTA 1954. This can cause expensive issues and delay for a landlord who wishes to take possession of the premises (eg for redevelopment, to occupy or to re-let). For further guidance on contracting out of LTA 1954, see Practice Note: Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls. When does the Landlord and Tenant Act 1954 apply on the surrender of a lease? Leases of

This Checklist explains the procedure for ‘contracting out’ a lease or tenancy of business premises—ie excluding sections 24–28 of the Landlord and Tenant Act 1954 (LTA 1954) in relation to the tenancy in order to avoid giving security of tenure to the tenant on the grant of a new lease. It includes guidance on the form, timing and service of the landlord’s warning notice and the tenant’s simple or statutory declaration together with guidance on authorised signatories and guarantors. For further content and guidance on contracting out of LTA 1954, see Practice Notes: Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls and How to complete a landlord’s warning notice and a tenant’s declaration for the purposes of the Landlord and Tenant Act 1954. Contracting out—how it works For leases to which LTA 1954 applies, the contracting out process requires four conditions to be met and these can be summarised as follows: Further details on these conditions, and on which leases LTA 1954 applies to, are