This week's edition of Commercial weekly highlights includes: analysis of the decision in CLS v WJG Evans which considered whether the relationship between an employer and a contractor in a construction project was governed by a formal contract or letter of intent, news that the Equality and Human Rights Commission has served Pontins with an unlawful act notice after an investigation found multiple instances of race discrimination against Irish Travellers, and news that the Digital Services Act will start to apply on 17 February 2024 to all online intermediaries.

Arbitration analysis: In this case, Mr Justice Henshaw upheld challenges brought under section 67 (substantive jurisdiction) and section 68 (serious irregularity) of the Arbitration Act 1996 (the ‘Act’), as well as a related appeal on a point of law under section 69 of the Act. The judgment addresses the scope of an arbitral tribunal’s jurisdiction, in particular the circumstances in which a tribunal will be entitled to determine the meaning and effect of a different contract over which it does not otherwise have jurisdiction. Written by Douglas Grant, barrister at 7 King’s Bench Walk.

Employment analysis: Under section 230 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), union members must be allowed to vote in a ballot for industrial action without ‘interference’ by their union. If this requirement is not met then the union risks losing its statutory immunity against tortious liability (eg for inducing a breach of contract). In this context, ‘interference’ means conduct, whether by words or action, which has the effect of preventing, or hindering, the ordinary course of the voting process. It is not limited to conduct which amounts to intimidation, coercion, fraud or the like, according to the Court of Appeal.

The Department for Business and Trade (DBT) has published a consultation on the misuse of non-disclosure agreements (NDAs). The Employment Rights Act 2025 (ERA 2025) will introduce a new measure which voids any provision in an agreement (such as a contract of employment or settlement agreement) between a worker and employer that prevents the worker from speaking out about relevant harassment or discrimination. The consultation invites views on the proposed scope of the legislation. The consultation closes at 11.59 pm on 8 July 2026.

The Japanese Ministry of Justice, in collaboration with the Ministry of Economy, Trade and Industry, the Japan Association of Arbitrators (JAA), the Japan Commercial Arbitration Association (JCAA) and the Japan Federation of Bar Associations, has announced the 2025 Japan International Arbitration Week, which will take place from 25–29 November 2025.  The event will address key issues in international arbitration, featuring sessions on international trade disputes, including the choice of law and forum in trade contracts, the integration of artificial intelligence in dispute resolution, strategies for managing multi-party and multi-contract construction disputes and emerging trends in international mediation.

The Crown Prosecution Service (CPS) has reported that a former human rights lawyer, Phil Shiner, has been sentenced to two years imprisonment, suspended for two years, after pleading guilty to three counts of fraud at Southwark Crown Court. Shiner defrauded the Legal Services Commission by failing to disclose breaches of his legal aid contract and professional code when applying for funding. He fraudulently obtained nearly £200,000 for two claims, while his firm received approximately £3m in total legal aid funding. The CPS will now pursue confiscation proceedings to recover the proceeds of Shiner's fraud. This case highlights the CPS's commitment to prosecuting fraud against public sector bodies.

The Court of Appeal has stayed English proceedings brought in relation to a dispute arising out of a settlement agreement in favour of ‘the same causes of action’ which were being litigated in Greece; this overturned the decision of the Commercial Court. The Court of Appeal held that the earlier English proceedings which had resulted in the settlement agreement were over except for the purposes of suing on the settlement agreement. A claim under the settlement agreement was a different cause of action from the original cause of action; a claim under a contract of marine insurance.

The Crown Commercial Service (CCS) has published detail on what a ‘call-off’ is in public procurement. CCS has detailed that this is a way of saying a contract between a buyer and a framework supplier that has been placed through a framework. CCS has further explained that a call-off process includes a set of instructions to be followed by a buyer when buying through a framework and has provided steps to follow before undertaking a call-off process. Benefits of using call-off contracts mentioned by CCS include pre-agreed terms ad conditions, cost savings, stability and improved collaboration.

This week's edition of Construction weekly highlights includes the announcement of the release date of the JCT Target Cost Contract, publication of guidance on the terms of reference for the Building Control Independent Panel by the Ministry of Housing Communities and Local Government (MHCLG), a Technology and Construction Court (TCC) decision confirming that breaches of good faith obligations do not automatically give rise to liability without causation (Matière v ABM), a government working paper on reforming site size thresholds, MHCLG’s launch of the National Housing Bank, commentary on the key developments in construction law so far in 2025, and responses from construction industry bodies to the Spending Review 2025.

This edition of Employment weekly highlights includes: (1) government guidance for employers on the appropriate use of zero-hours contracts, (2) draft Order extending the time limit for bringing employment tribunal breach of contract claims in Scotland from three to six months from 9 November 2026, (3) updated Home Office guidance for sponsors of workers and temporary workers, (4) Regulations bringing into force provisions in the Crime and Policing Act 2026 relating to regulated activity, (5) an ICO consultation on draft guidance on anonymisation, pseudonymisation and research, (6) what’s coming up in the employment law world in the next few weeks, and (7) other news and resources of interest to employment practitioners.

This week's edition of Construction weekly highlights includes a letter published by the Health and Safety Executive (HSE) outlining the transitional arrangements for the registration of building control inspectors in England, including an extension from 6 April to 6 July 2024, a release date for the 2024 version of the Design and Build Contract announced by the Joint Contracts Tribunal (JCT), a case in which the Commercial Court considered an arbitrator’s challenge on the ground of apparent bias (H1 and H2 v W, D and F) and a statement by the Construction Leadership Council (CLC)’s Material Supply Chain Group (formerly the Product Availability Group).

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. Uses of framework agreements Framework agreements are used in both private and public sector tendering. In the private sector, framework agreements are used most commonly alongside strategic partnering, where a contractor and client work