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PRACTICE NOTES
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. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Legal regime Framework agreements are used increasingly for the procurement of works, services and supplies. Their uses range from calling-off construction contracts for works, to a particular development site under a single-provider framework, to the use of a multiple-provider
PRACTICE NOTES
This Practice Note is a ‘how to’ guide on reviewing an NDA (also known as a non-disclosure agreement or a confidentiality agreement) which signposts relevant content. It includes a summary of what an NDA is, when and why it is required in a commercial transaction, and a high level look at the legal and practical factors to consider when reviewing an NDA. For links to more detailed guidance on the law in relation to confidentiality, see Precedent: Confidentiality—training materials and Confidential information—overview. For further information on how confidentiality obligations are typically dealt with in commercial contracts, see Practice Note: Trade secrets and confidential information—protection and enforcement. When confidential information is shared, it is assumed that a disclosing party will be most likely to draft and issue an NDA, and the receiving party will be the one reviewing it. However, in many situations there will be a mutual exchange of confidential information and so it may not be obvious which party is responsible for drafting or reviewing. In any event, it will be helpful
Q&As
In answering this Q&A, we have assumed for the purposes of this response that you are referring to a business operating in England & Wales. Further considerations will apply if there is any international aspect to the proposed business. We have not considered issues concerning the contract between the consumer car owner and the consumer car purchaser. We have not considered specific industry and sector regulation affecting the motor trade industry. This Q&A considers (1) agency and (2) online
Q&As
Section 1(1) of the Protection from Eviction Act 1977 (PEA 1977) protects, among others, a former service occupier whose contract of service has expired, who is similarly protected by PEA 1977, s 3 (see PEA 1977, s 8(2)) and, if employed in agriculture, by PEA 1977, s 4. PEA 1977, s 1(2) makes it a criminal offence to evict either a person whose
Q&As
If a landlord and tenant agree to exclude or ‘contract out’ from the security of tenure provisions of sections 24–28 of the Landlord and Tenant Act 1954 (LTA 1954) the landlord must serve a ‘warning notice’ on the tenant, explaining that security of tenure will not apply. The tenant must sign a declaration (If the lease will be completed within 14 days after the landlord’s warning notice the tenant’s declaration must be sworn as a statutory declaration)
Q&As
The Companies Act 2006 (CA 2006) does not contain any specific provisions about how a director may resign. Subject to any specific provisions in the company's articles of association or the director’s contract of employment, it is usual practice for a director to resign by way of a resignation letter addressed to the other directors of the company. If the company has adopted the model articles
Q&As
Resignation is when an employee decides to terminate their own contract—usually by giving the requisite contractual or statutory minimum notice. For unfair dismissal and other statutory purposes, a resignation is only treated as a dismissal: • when it happens in circumstances amounting to constructive dismissal (see Practice Note: Constructive dismissal), or • where the cause of the employee’s resignation is the employer’s threat to dismiss them (see Practice Note: Definition of dismissal in unfair dismissal) If
Q&As
The EU Procurement Directives provide that they shall apply to contracts where the estimated value of the contract is no less than the financial thresholds set out in the relevant directive. The thresholds are set by the European Commission for two-year periods and are reviewed every two years. The latest revision came into effect on 1 January 2020. The 2020 thresholds as set out in euros (€) presented an increase to the 2018 thresholds. See: LNB News 11/11/2019
PRECEDENTS
Key information Information Details Name of organisation [Insert details] Name of role holder [Insert details] Reports to [Insert details] Role type [Insert, eg full-time/part-time/contractor] If a contractor role, length of contract [Insert details] Primary location [Insert details] Remote/hybrid/office-based? [Insert details] Date role commenced [Insert details] Length of probation period [Insert details] End of probation review date [Insert details]   Role summary The
Q&As
This Q&A assumes that the stock transfer form complies with sections 554 and 768–790 of the Companies Act 2006 (CA 2006), and the Stock Transfer Act 1963. The transfer of the legal title to shares in a company will take effect on the date of the entry of the transferee in the register of members of the company. A duly executed, dated and unconditional contract for the transfer of shares (which may include a
GLOSSARY
Clause in a contract of sale which prohibits a client from assigning the performance of the contract or just the right to receive payment.