This practical guidance relates to the Procurement Act 2023 regime This Practice Note provides an introduction to special regime contracts under the Procurement Act 2023 (PA 2023), ie concession contracts, defence and security contracts, light touch contracts, utilities contracts and below-threshold contracts. New in-scope procurements must be carried out under PA 2023. For background reading on the PA 2023 regime, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Procurements started before PA 2023 came into force (on 24 February 2025) remain governed by the previous legislation (the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848). This practical guidance focusses on public procurement under PA 2023. For background reading on the key differences between PA 2023 and the previous regime, see Checklist: Procurement Act 2023—key changes. For details of the transitional arrangements, see Practice Note: Procurement

Under the Employment Rights Act 1996 (ERA 1996), a 'worker' is defined as an individual who has entered into or works (or worked) under: ‘(a) a contract of employment, or (b) any other contract...whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual' The wider limb of the definition (b) consists of two elements: • the individual must be obliged to do the work personally (ie do it themselves),

Construction analysis: The Technology and Construction Court (TCC) was asked to interpret the termination procedure provisions in clause 8.9.3 and 8.9.4 of the JCT Design and Build Contract, and in particular in what circumstances the right for the Contractor to terminate arose following the issue of a notice of default under the contract.

Arbitration analysis: Interpretation of a requirement to refer disputes to domestic courts in the arbitration clause of a contract between a private party and a sovereign state is not a mere procedural precondition but a matter of substantive arbitrability. As such, the parties to the contract must be presumed to have intended the question to be resolved by a court absent clear wording in the contract delegating authority to decide the matter to an arbitral tribunal. Practical implications written by Alex Wilbraham of Arbitra International.

Employment analysis: Documents created separately from the written employment contract, without the employee's knowledge and which purport to show that a person other than the person named on the employment contract is the employer (eg work permits naming another entity as the employer) should be viewed with caution when determining the identity of the actual employer, as doing otherwise would seriously undermine the written agreement entered into by the parties. Further, the Early Conciliation (EC) requirement applies to relevant proceedings even where the underlying claim (eg for breach of contract) is based on foreign law, according to the EAT.

This Practice Note sets out an explanation of the legal position should the buyer or the seller of residential property die following exchange of contracts but before completion. It considers what action should be taken, as well as what happens if the seller/buyer consists of two or more individuals and only one of them dies. It assumes that the sale contract incorporates the Standard Conditions of Sale (Fifth Edition—2018 Revision) (SCS). See Practice Note: Standard Conditions of Sale (Fifth Edition—2018 Revision)—a guide to the main provisions. It covers the position where the parties are co-owners buying or selling for themselves, but does not cover the position for other trusts of land. For guidance on trusts of land, see: Trusts of land for property lawyers—overview. Devolution of title—vesting in personal representatives On the death of a sole buyer or seller, the interest of the deceased in the property passes to their personal representatives (PRs) (eg either the executor(s) or administrator(s)). Where there is a Will,

This week's edition of Construction weekly highlights includes a guide to the Employer’s power to instruct under the Joint Contracts Tribunal (JCT) Design & Build Contract, a guide to the draft Building Safety Levy (England) Regulations, supplementary guidance on enforcing the Regulatory Reform (Fire Safety) Order 2005, the Scottish Government’s publication of the next phase of its cladding remediation plan and publication of its review of building standards verification frameworks, the Chartered Institute of Building (CIOB) and other construction industry bodies’ publication of their 'Guide to Products Critical to Safe Construction', and a Court of Appeal decision affirming the exclusive supervisory jurisdiction of an arbitration tribunal (Star Hydrop Power v National Transmission).

Arbitration analysis: Decree No 2026-741 of 6 August 2026 (the Decree) introduces several changes to French arbitration law, effective from 1 January 2027. These include inter alia a duty of proportionality, broader powers for the juge d’appui, a statutory framework for multi-contract proceedings, a stand-alone procedure for recognition of arbitral awards and the power for the arbitral tribunal to liquidate astreintes. The Decree also addresses the negative effect of the competence-competence principle and expressly recognises the effectiveness of electronic awards. This article examines the principal changes and their practical implications for arbitration in France. Produced in partnership with Julie Spinelli and Gabriele Ruscalla of Le 16 Law.

The Supreme Court has unanimously dismissed Uber Britannia Ltd’s appeal, holding that private hire (PHV) operators outside London are not required to contract as principals when accepting bookings. Philip Kolvin KC, barrister at 11KBW and counsel for the First Respondent, welcomed the judgment, stating that it ‘conclusively upheld the right of operators, drivers and passengers to contract as they wish,’ preserving longstanding industry practice and safeguarding consumer choice. Josef Cannon KC, of Cornerstone Barristers, emphasised that ‘the decision confirms that section 56(1) creates liability without dictating contract structure, enabling continued use of the agency and intermediary models across England and Wales.

This Checklist provides a comparison table of the key consumer information requirements set out in: • the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) • the Provision of Services Regulations 2009, SI 2009/2999 (PSR 2009), and • the Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013 (E-Commerce Regulations 2002) As demonstrated by the table below, many of the information requirements in the PSR 2009 and the E-Commerce Regulations 2002 overlap with those set out in the CCR 2013. However, the PSR 2009 and the E-Commerce Regulations 2002 also contain certain additional information requirements that must be considered by traders where this legislation applies and this Checklist is intended to assist traders with compliance in this regard. This Checklist focuses on the information requirements set out in the above UK legislation. For detailed information on: • the CCR 2013, see Practice Note: Distance, doorstep and on-premises sales and also: Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist • the PSR 2009, see Practice Note: The Provision of Services

This Practice Note explains the rationale for having a payment in lieu of notice (PILON) clause, and how a PILON affects an employee’s notice period and termination date. It distinguishes between contractual and non-contractual PILONs and discusses PILONs in the context of immediate termination, breach of contract, wrongful dismissal and post-termination restrictions. The commentary on contractual PILONs also looks at PILONs in the context of mitigation, notification requirements and gross misconduct. It includes drafting tips to increase employer flexibility both in the course of combining a PILON with other types of termination arrangement, such as garden leave, and the timing, calculation and payment of PILONs. It outlines the tax treatment of PILONs and issues to consider in relation to PILONs to directors, such as the requirements of the UK Corporate Governance Code. The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a PILON as an alternative

BACKGROUND: (A) The parties entered into a construction contract dated [insert date] for the [insert description of works/project, eg ‘design and construction of a property known as Bloggs House’] (the ‘Contract’). (B) [The parties are engaged in