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 on public procurement under the previous legislation, see Practice Note: Introduction to public contracts procurement. Under PA 2023, contracting authorities are required to set key performance indicators (KPIs) in respect of certain public contracts. This Practice Notice covers: • which contracts are subject to the requirement to set KPIs • exemptions to the general obligations to set KPIs • publication

This answer considers the enforceability of covenants in circumstances where there is a superior landlord, an intermediate landlord, and a tenant. The ordinary rule in relation to the enforceability of contractual provisions is that there needs to be privity of contract between the parties. Thus, at common law, only the parties to the contract can enforce its provisions against each other, even where a term in the contract is intended to benefit a third party. These provisions apply just as much in respect of provisions in a lease, because it amounts to a contract. Therefore, a head landlord is unable at common

_______________________________________ [NAME OF PROJECT] REFERENCE OF A DISPUTE TO THE DAAB DAAB Reference No. [Number of reference] [Date] _______________________________________ Referring Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE REFERRING PARTY] Responding Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] The DAAB: [Name of DAAB Chairperson] [Address] [Telephone/Fax Number] [Email address] [[Name of DAAB Member 2] [Name of DAAB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DAAB Member 3] [Address] [Telephone/Fax Number] [Email address]] [[The Engineer] [Address] [Telephone/Fax Number] [Email address]] [NAME OF PROJECT]: Reference of a Dispute to the DAAB under Sub-Clause 21.4 DAAB Reference No. [ Number of reference] Introduction 1 This is [insert full name of Referring Party]’s (the Referring Party’s) reference of a Dispute to the DAAB under Sub-Clause 21.4 of the contract between the Parties dated [Date] (the Reference). 2 The Reference is accompanied by a bundle, which includes a chronology of events together with the relevant documents: 2.1 chronology of relevant events at tab [insert] 2.2 [insert] at tab [insert] 2.3 [insert] at tab [insert] The Parties 3 The Referring Party is [Full Name of Party 1] of [address], and [provides OR undertakes] [insert services/role Party 1 carries out in course of its business for the Works]. 4 The Responding Party is [Full Name of Party 2] of

If you hold a legal aid contract with the Legal Aid Agency (LAA), you must have the Specialist Quality Mark (SQM) standard or the Lexcel Practice Management standard (Lexcel). This Practice Note identifies Precedents you could use or adapt to comply with the SQM requirements that fall within the scope of these two modules. A: Access to service A1: Business planning • Strategic business plan—consumer • Strategic business plan—commercial • Business plan and strategy—minutes of bi-annual review meeting A2: Service promotion • Publicity policy—law firms • Publicity material audit form—law firms • Publicity register • Client care manual A3: Equality and diversity • Policy—equality, diversity and inclusion (EDI) (short form) • Policy—equality, diversity and inclusion (EDI) • Policy—harassment and bullying A4: Safeguarding Safeguarding procedures are not covered. B: Seamless service Signposting and referral procedures are not covered. C: Running the organisation C1: Staff and management structures and independence • Structure chart—day to day supervision • Supervision policy—law firms • Compliance officer for legal practice—COLP—job description and role profile • Compliance officer for finance and administration—COFA—job description and

This Checklist on debt claims identifies the key considerations when issuing a claim for a simple contractual debt. It is important that you consider the nature of the claim itself, the parties to the contract, the debtor’s assets, the value of the debt, what the client wants to achieve from litigation, limitation periods and any potential jurisdictional issues. This Practice Note should be read in conjunction with Practice Note: Starting a contractual debt claim—a practical guide. Issue Considerations Is the proposed claim actually a claim in debt? Some claims that appear to be debt claims are actually claims in damages. It is important to understand the distinction because there are significant practical differences between claims in debt and claims in damages, so you should ensure that you are seeking the appropriate remedy.For guidance, see Practice Note: Debt claims. Who are the parties to the agreement? This sounds like an obvious question, but it is an important one to ask because it covers a number of different points:—if proceedings are to be issued, you need to

This Checklist sets out some key issues when drafting or reviewing an outsourcing contract. It considers some key legal, regulatory and practical issues around outsourcing arrangements but does not deal with particular sectors with special regulatory requirements such as health or financial services. For general guidance on outsourcing, see Practice Note: Outsourcing—key terms. For a discussion of the negotiation issues likely to arise, see Practice Notes: Negotiation guide—services agreements and Negotiation guide—IT contracts. The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Initial considerations ☐ What is the customer's primary motive for outsourcing? It is useful to know the primary motive, eg is it to decrease cost, improve the service or is it a service the customer does not have expertise to provide in-house? It may also be useful to consider the scope of outsourcing, whether the customer would like a service improvement mechanism and whether the value for money of the services will be benchmarked (see below). ☐ Check

Transaction: [transaction, eg sale or lease] of: [address] (‘the Property’) [Seller OR Landlord]: [name] [Buyer OR Tenant]: [name] Enquiries before contract   The [Buyer’s OR Tenant’s] solicitors have requested replies to the standard form enquiries before contract (the Commercial Property Standard Enquiries or ‘CPSEs’) and we have prepared some draft replies for your review. We enclose: [[If enclosing long form general enquiries]] • [CPSE 1 (version 4.2) General pre-contract enquiries for all commercial property transactions; • draft replies to CPSE 1 [see Template replies to CPSE 1 (version 4.2)—General pre-contract enquiries for all commercial property transactions][;[ and] OR .] ] [[If enclosing short form general enquiries]] • [CPSE 7 (version 1.3.3) General short form pre-contract enquiries for all property transactions; • draft replies to CPSE 7 [see Template replies to CPSE 7 (version 1.3.3)—General short form pre-contract enquiries for all property transactions][;[ and] OR .] ] [If enclosing additional enquiries] • [CPSE 2—Supplemental pre-contract enquiries for property subject to tenancies for commercial use; • draft replies to CPSE 2 [see: Template replies to CPSE 2 (version 3.4)—Supplemental pre-contract

The NEC contracts contain detailed provisions for termination, setting out the grounds on which the parties may terminate and the consequences thereof (although they are less extensive than those found in the JCT contracts). Under the NEC contracts, it is the Contractor’s obligation to Provide the Works that is terminated, rather than the contract itself. This distinction is designed to ensure that the post-termination provisions contained in the contract survive termination. Even though the Contractor’s obligation to provide the works is terminated, in certain circumstances it may be required to pay the Client the additional costs of completing the works. This Practice Note refers to the clauses set out in the NEC3 and NEC4 Engineering and Construction Contract, but comparable provisions are found within the other NEC contracts. It should be read alongside Practice Note: Termination of a construction contract. For guidance specific to termination under the NEC Professional Service Contract and the NEC Supply Contract, see also Practice Notes: NEC Professional Service Contract and NEC Supply Contract respectively. Termination should always be considered very carefully. If the

Where an asset is disposed of and acquired under a contract, the time of the disposal and acquisition is the time when that contract is made, ie the date contracts are exchanged. It is not the date of the completion of the contract, or time of the conveyance or transfer of the asset (if different). However, if the contract is never completed the disposal never takes place. Note that the deadline for reporting CGT on the disposal of UK residential property does run from completion of the sale. See Practice Note: CGT—choosing the best time for a disposal. In the case of a conditional

A contract for manufacture, development.

It is assumed that the invoices relate to a single contract entered into between the supplier and the sole trader and payable by instalments. This contract has been taken over by the company on the incorporation of the sole trader’s business. Whether or not the sole trader remains personally liable under the contract, depends on whether there has been a novation or an assignment of the contract from the sole trader to the company. Novation occurs when X and Y are party to an agreement and Y ‘transfers’ its obligations and rights under the agreement to Z, such that Z can be said to ‘step

A contract (including a lease) may be frustrated where an unforeseen event occurs after the contract is formed and, as a result of that event, the contract becomes impossible to perform and/or the obligations under the contract are transformed into something radically different. For a full explanation of the elements to be considered, see Practice Note: Discharge by frustration. In the context of potential flooding, note, in particular, that an event that is actually foreseen cannot ordinarily found a claim of frustration: Armchair Answercall v People in Mind