This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that they discover in designs that have been produced, or works that have been carried out, by others. If a contractor or a sub-contractor identifies an error in designs that are provided to it, for it to build, by their employer or a consultant, does the contractor/sub-contractor have a duty to draw such flaws to the attention of its employer? If a consultant thinks that a contractor is carrying out (or may carry out) works negligently, should it warn its client? What is its potential liability if it does not? When does a duty to warn arise? There is no general ‘duty to warn’ in English law but, in certain circumstances, such a duty can be imposed. Implied duty Under some building contracts, the contractor has express design responsibility and therefore is clearly responsible for any flaws or inadequacies in it (see Practice Note: Design liability in construction contracts). In others, where the contractor/sub-contractor does

How the CAP code applies to a loyalty scheme The CAP Code applies to loyalty schemes since they are methods of promotional marketing for supermarkets (section 8). Section 5 further lists the essential rules for promoting a loyalty scheme to a child. See Practice Note: Advertising to children. Each loyalty programme might have specific terms and conditions apply when children are concerned. CAP Code Rule 15.18 and Rule 18.5 place targeting restrictions to protect children from certain products like alcohol, or high in fat, salt and sugar (HFSS) goods etc. Depending on the type of loyalty scheme, it will be important to ensure that it is not inappropriately targeted at children. See Practice Notes: Sector advertising law and regulation and Food advertising. It is therefore

This Practice Note on recovering damages sets out the general principles of the remedy of damages, in contract (contractual damages), tort (tortious damages/tortious compensation) and equity (equitable compensation) including ‘negotiating damages’, as termed by Lord Reed in the Supreme Court decision in Morris-Garner v One Step, and the requirement to elect between different available remedies and the contribution to damages between wrongdoers. What are damages? The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage as a result of a wrong for which the defendant is responsible. It is traditionally a common law remedy, although the court may also award equitable damages in certain circumstances (see further below). In this way, damages are distinguishable from the remedy available in a claim based on unjust enrichment, which is concerned with an unjustified gain by the defendant independently of whether the latter is a wrongdoer. Therefore other pecuniary claims, such as for the return of money paid by mistake, or where consideration

1 The Claimant was employed by the Respondent from [insert date] as a cycle courier working from the Respondent’s premises as [insert address]. The Respondent is a company which undertakes delivery services in the Greater London area. 2 The Claimant’s contract with the Respondent included the following terms: 2.1 that the Claimant agreed to work flexibly in accordance with the Respondent’s Zero Hours Scheme; 2.2 that the Claimant had no set daily or weekly working hours and there might be periods when no work was provided to the Claimant and the Respondent was under no obligation to provide the Claimant with any work; 2.3 that the Claimant

ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. It captures the law as it stood at that point in time. In-scope procurements begun on or after 24 February 2025 are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. The public procurement regime—pre-PA 2023 The domestic public procurement regime rests on

1 The Architect/Contract Administrator may (acting reasonably) nominate the ‘Priority Classification’ of any particular defect, omission,

This Practice Note considers the current legal framework for consumer contracts and consumer rights in Ireland. It carries out an analysis of sale, service, and digital contracts, highlighting important provisions pertaining to consumer contracts within the Consumer Rights Act 2022 (Ireland) (CRA 2022 (IRL)). For guidance on contract law more generally, see Practice Notes: • Ireland—Contract law essentials • Ireland—Contracts—formation and interpretation The legal framework in Ireland CRA 2022 (IRL) was enacted on 7 November 2022 and entered into force on 29 November 2022. CRA 2022 (IRL) was introduced to amend and consolidate the law relating to rights and remedies in contracts between consumers and traders. CRA 2022 (IRL) has transposed the following into Irish law: • Directive (EU) 2019/771 of 20 May 2019 on certain aspects concerning contracts for the sale of goods (EU Sale of Goods Directive (EU SGD) • Directive (EU) 2019/770 (OJ L 136/1) on certain aspects concerning contracts for the supply of digital content and digital services, the EU Digital Content Directive (EU DCD) • Directive (EU) 2019/2161 of 27 November 2019

It is possible to contract out of the Landlord and Tenant Act 1954 (LTA 1954) regardless of whether the tenant has been in prior occupation of the premises to be demised. The procedure for contracting out must be followed, as explained in Practice Note: Contracting

Where an employer has failed to pay sums owed under the contract of employment, consideration should generally be given to possible claims for unlawful deductions from wages and breach of contract. For information on the issues for a worker to consider when deciding whether to bring a claim for unlawful deductions from wages or breach of contract (or both), see the section: ‘Whether to bring an unlawful deductions claim or a breach of contract claim’ of Practice Note: Deductions from wages. Deductions from wages Generally, under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer cannot make any deductions from the wages of a worker unless: • the deduction is required or authorised to be made by virtue of (a) a statutory provision, eg the requirement to make deductions for

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regs 2013), SI 2013/3134 apply where you enter into a retainer with a consumer client who you have not met. This is often known as a distance contract. This Practice Note explains: • when the regulations apply in relation to distance contracts • when your client is given cancellation rights, and • how to comply with the regulations The Consumer Contracts Regs 2013 also apply where you meet the client away from your office before entering into a retainer (often known as an off-premises contract). For more information, see Practice Note: Off–premises contracts—law firms. The flowchart below will help you to decide whether: • the regulations apply at all and, if so • which parts of the regulations you will have to comply with, ie provisions relating to off-premises contracts or distance contracts Which clients do the regulations apply to? To have the benefit of cancellation rights under the regulations, your client must be an individual acting for purposes which are wholly

ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force. This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. This includes the following Practice Note: Evaluation methodologies—PA 2023. Distinction between selection and award criteria This Practice Note focuses on award criteria and the different types of evaluation methodologies

This Practice Note covers aspects of the regulation of letting and estate agents that may be of interest to consumers. It discusses obligations to provide information, unfair contract terms, consumer protection from unfair trading, business protection from misleading marketing regulations, the redress scheme and codes of practice and practice statements. It also includes obligations and duties imposed by the Renters’ Rights Act 2025 (RRA 2025). Estate agents Estate Agents Act 1979 The statutory definition of 'estate agency work' means that: • a person is regulated as an 'estate agent' under the Estate Agents Act 1979 (EAA 1979) if in the course of a business they act on instructions from a seller or buyer of an interest in land for the purpose either of introducing their client to a buyer or seller or of securing the disposal or acquisition of the interest in land once a buyer or seller has been introduced • a person is not regulated as an 'estate agent' if they act only as a letting agent, or if they only advertise, or disseminate