Public Law analysis: In this case, an inadvertent scoring mistake (which would have had the effect of tipping the score by 0.25% in favour of the incumbent contractor) was held not to be sufficiently serious or material enough to warrant an award of damages. Had the mistake not been inadvertent or not ‘sufficiently serious’, it is probable that the Court of Appeal would have come to a different decision (after applying the relevant Francovich case tests) and decided in favour of the aggrieved party. Lord Justice Coulson, in summing up the Francovich Case , referred to it, as follows: ‘Although this is a concept originating in European Law, it remains unamended by the new Procurement Act 2023. It is not a test that fits very easily either into the English common law generally, or the world of public procurement challenges in particular. This appeal is perhaps a paradigm example of some of the practical difficulties which the test can create.’ (para [1]). Written by Dr Mirza Ahmad LLD(Hon), barrister at St Philips Chambers.

ARCHIVED: This Practice Note has been archived and is not maintained.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: Disclosure in connection with procurement challenges—PA 2023. Aspects of disclosure in public procurement—pre-PA 2023 There are a number of aspects to disclosure in public procurement. This

What is a global claim? As projects expand in size, technical complexity and cost, so do claims. These elements, among others, contribute to difficulties in making straightforward claims—where there are multiple breaches of contract and other issues, the consequences of those issues can be complex, interwoven and compounded. In simple terms, a global claim is one where a contractor has suffered loss caused by two or more different events which are employer-risk events, but is unable or unwilling to identify the loss or delay caused by each individual event. Therefore there is one claim for all of the losses arising out of the various events. It is worth noting that global claims are also sometimes referred to in commentary as 'total cost', 'cumulative effect' or ‘cumulative impact’, 'composite' and/or 'rolled-up' claims. In fact, these are variants of global claims which refer to the way in which the claim is formulated: • total cost claims usually refer to the entirety of the work under the contract in question. A comparison is undertaken between the planned cost of the work (usually set out

This Practice Note provides guidance on key contractual issues in business-to-consumer (B2C) digital commerce conducted using websites, platforms, mobile apps and emails. It covers issues of contract formation (including offer, acceptance, incorporation and consideration) and contract formalities in those contexts (including electronic signatures) and the enforceability of browse-wrap (aka browse wrap, browsewrap or click free) and click-wrap (aka click wrap or clickwrap) terms. For more information on the contractual matrix that generally governs a website, see Practice Note: Digital commerce—website terms, policies and notices. Where businesses use online platforms (such as a marketplace) or mobile apps (m-commerce), generally the same legal issues arise as in the use of any website. Therefore, this Practice Note uses the term ‘website’ for simplicity and identifies specific differences applicable to online platforms or m-commerce only where relevant. For more information, see also: Mobile apps—overview. This Practice Note does not consider the regulation of B2C digital commerce providers more widely. For more information, see Practice Note: Business-to-consumer digital commerce—compliance and regulation. Assimilated law Throughout this Practice Note, references are

This week's edition of Energy weekly highlights includes: the Department for Energy Security and Net Zero (DESNZ)'s publication of guidance for the Heat Network Technical Assurance Scheme and a list of standards and codes of practice for the Renewable Heat Incentive Regulations, DESNZ's expansion of the Energy Ombudsman to offer free support for small businesses with energy contract disputes, and the Nuclear Decommissioning Authority (NDA)'s publication of its Social Impact and Communities Strategy.

Commercial analysis: Can a stake in a company wagered and lost in a gambling contract be enforced in any circumstances and what can the losing party do in terms of damage limitation? Melanie Ellis, senior associate at Harris Hagan, provides a guide to the legislative landscape.

This Practice Note looks at the Commercial Property Standard Enquiries (CPSEs) and the Solicitor’s Completion Requirements (SCRs). It includes: • links to the CPSEs and SCRs • an overview of how and when CPSEs are used in a transaction • links to template replies to CPSE 1–CPSE 7 and to a draft letter to the seller enclosing the replies, and • guidance in relation to the key issues raised by CPSE 1, with links to related content For guidance in relation to the standard residential pre-contract enquiries, see Practice Note: Residential property—standard forms of enquiries for use in residential conveyancing transactions. Background to the CPSEs and SCRs The CPSEs and the SCRs are a suite of documents prepared by members of the Property Support Lawyers Group and endorsed by the British Property Federation. Background to the CPSEs and SCRs The CPSEs comprise enquiries before contract for common transactions, together with the SCRs. The CPSEs are the most widely used commercial property enquiries. CPSE 1 (or its shorter, simpler version CPSE 7) is for use in all commercial

This Precedent provides a worked example relating to a hypothetical in-house legal department that wishes to make changes to improve its contract drafting process. By using the Define, Measure, Analyse, Improve, Control (DMAIC) framework for improving efficiency, a range of solutions has been identified, including clarifying the process and reviewing how documents are stored in order to minimise the need for internal clients to call the administrative assistants to chase for information. This case study scenario looks at how to implement and embed that specific change only. Stage Questions/considerations Case study scenario responses 1. Create a sense of urgency How will the employees know there is a need for the change?How will they understand how important it is?How will they see the long-term and short-term benefits? Explain: —how the impact of the current contract drafting process is affecting budgets—the impact the process is now having, and is likely to have, on supplier relationships in the future—how the reduction in call volumes and an enriched administrative assistant

Employment news analysis: The Tribunal Procedure Committee (TPC) has launched a consultation on possible changes to the Employment Tribunal Procedure Rules 2024 (ET Rules 2024) relating to: (1) dispute resolution appointments, (2) grounds for the claim or response, (3) the consequences of failing to reply to an employer’s contract claim, (4) the tribunal being able to direct a party to supply a draft of a proposed case management order, and (5) the publication of reconsideration judgments following repeated applications. Responses to the consultation should be submitted by no later than 19 May 2025.

This Q&A relates to a business-to-business transaction. A ‘battle of the forms’ arises where two parties enter into negotiations with the intention of entering into a contract but each attempts to conclude the contract on their own standard terms and conditions. In such a case, it will be necessary to determine if a binding contract has been entered

What is marine cargo insurance? Whether insurance in respect of cargo is properly characterised as marine insurance depends upon consideration of the Marine Insurance Act 1906 (MIA 1906). By MIA 1906, s 1 marine insurance is defined as follows: ‘A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in a manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.’ Maritime perils are defined by MIA 1906, s 3: ‘Maritime perils’ means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or which may be designated by the policy.’ Whether or not a policy of insurance is a marine insurance turns upon whether the perils insured are perils consequent on or incidental to the navigation of the sea. Hence,

This Practice Note considers the multi-party and multi-contract provisions of the International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) (the International Rules), amended and effective 1 March 2021. For an introduction to the International Rules, and for guidance on how to commence and respond to ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under previous editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview. Consolidation and joinder—the 2021 amendments to the International Rules The rules on consolidation and joinder are discussed at length below. As the International Rules on these procedural points are detailed, it is helpful to highlight the intent and effect of the 2021 amendments to the International Rules. The ICDR has explained ICDR, arts 8 (Joinder) and 9 (Consolidation) of the International Rules are intended to make joinder and