ARCHIVED: This Practice Note has been archived and is not maintained.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. What is collaborative procurement? Collaborative procurement is not a precise term and covers a range of possible arrangements. At its simplest, it is when two or more authorities join together to buy goods or services

headed notepaper of target company To: [Insert name and address of contractual counterparty/interested third party] [Insert date] Dear [insert individual/organisation name] Notice of change of control [We refer to the agreement dated [insert date] between [insert target company name] and [insert contractual counterparty name] relating to [insert details of contract] (the Contract).] [Our parent company, ][insert

STOP PRESS: PROPOSED REFORM OF CONSTRUCTION RETENTIONS The Commercial Payments Bill [HL], introduced in Parliament in May 2026, contains provisions intended to prohibit the deduction and withholding of retention payments under construction contracts. As at 24 August 2026, the Bill has not received Royal Assent and the proposed prohibition is not yet in force. The final scope of the legislation, its commencement and any transitional arrangements remain subject to the parliamentary process and further implementation measures. This Precedent provides for a retention bond as an alternative to the withholding of cash retention. Users should check the status and effect of the Commercial Payments Bill and any resulting legislation before using this Precedent and consider whether amendments are required to the underlying Building Contract and/or this bond. Retention bond Schedule Bond number [insert] Dated: Parties 1 The Employer: [insert] incorporated in [England and Wales] (Company Number [insert]) whose registered office is at [insert]. 2 The Contractor: [insert] incorporated in [England and Wales] (Company Number: [insert]) whose registered office is at [insert]. 3 The Surety: [insert] incorporated in [England and Wales] (Company Number [insert]) whose registered office is at [insert].

This Practice Note considers the effect of the settlement with regard to general principles of contract interpretation and the implication of terms, as well as the admissibility of without prejudice communications when interpreting the effect of a settlement agreement and the scope of the settlement. Finally, issues as to unknown claims the potential for excluding a future, privately-brought criminal prosecution after settlement of the civil claims and the creation of third party rights are also addressed. For guidance on the effect of the settlement agreement on the litigation, see Practice Note: Settlement agreements—the effect on litigation. The effect of a settlement agreement is that it will be binding on the parties in accordance with its terms and its scope. The scope of what is included in the agreement is an important part of the drafting (as to which, see Practice Note: Settling disputes—drafting the settlement agreement). It is preferable that the terms of the settlement agreement are made expressly. There have been instances where, in the face of ambiguity or the absence of provision, the court has been

Service of a notice to complete has the effect of making time of the essence of a contract for both parties, so that if completion does not take place on the new completion date specified in the notice, the innocent party can terminate the contract immediately, forfeit or recover his deposit with accrued interest (if applicable) and commence a claim for damages to recover any losses. In addition, a landlord may also have a potential claim for specific performance, requiring the tenant to complete the relevant contract

It is assumed that the covenant is just for the benefit of the neighbouring land owner. Positive covenants A covenant is a contract. In the case of covenants, the rights and liabilities created by the contract may be enforced by and against persons other than the original parties to the contract (see Practice Note: Positive covenants—binding successors in title). It is assumed that the positive covenant that X has entered into, is entered into with the land owner of the neighbouring land, benefitting the neighbouring land. A positive covenant, like the one that X has entered, will never run with the land. This means

This Q&A discusses a business-to-consumer contract for the supply of services falling within the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Where the right to cancel applies, the cancellation period begins when the contract is entered into and ends 14 days after the day on which the contract is entered into if the contract is a service contract. Traders must not provide services during the cancellation period unless the consumer expressly requested this and (in the case of off-premises contracts) that request was made on a durable medium. The CCR 2013 set out how a consumer’s rights and obligations are affected where services are provided during the cancellation period. The commencement date of the cancellation period does not change;

For information relating to joint, several, and joint and several liability, see: • Practice Note: Joint, several, and joint and several liability • Q&A: What is joint, several, and joint and several liability? • Precedent: Joint and several liability clause Drafting options include, without limitation: • joining party C as third party to the original contract by way of a contract variation It may be the

We assume that the co-owner also wishes to sell the property. For information on the level of capacity required to sell a property, see Practice Note: Capacity to make gifts, settle property and contract, in particular the section entitled Capacity to contract. See also the case of Sutton v Sutton which considered the capacity required to transfer land. If one of

The following Commercial resources, providing useful practical commentary, legislation, rules and guidance for Commercial lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to in the Commercial content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). Consumer law Title Summary Who should use this resource? Butterworths Trading and Consumer Law The most comprehensive work on consumer law. This publication covers unfair commercial practices, criminal measures regulating consumer transactions and also fair trading and civil liability for goods, services and digital content, the display of prices and price promotions, advertising and consumer credit and provides a comprehensive treatment of the subject which practitioners will find invaluable. The work is organised to provide a practical treatment of trading standards law and is specifically designed to meet the requirements of those who regularly have to enforce, comply with or advise on consumer protection. Lawyers who regularly have to enforce, comply with or advise on consumer protection.  Enforcement of Consumer Rights and Protections Enforcement

We assume the contract in question is an off-premises business-to-consumer (B2C) contract for the supply of services, with both contracting parties based in the UK. In conducting our research we have focussed on rights and remedies under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations), SI 2013/3134 only, other remedies may be available

An assignment is ‘an immediate transfer of an existing proprietary right, vested or contingent from one party to another’. The default position is that in the absence of an express provision either prohibiting or conditionalising the assignment of rights, the benefit under a contract can be assigned. Where a contract