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PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. 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. [Insert name of Contracting Authority] Tender for [Insert name of Procurement Exercise] Tender Reference: [Insert the Contracting Authority’s tender reference number] Date of Issue: [Insert date] Part 1―Invitation to tender―restricted procedure 1 Definitions 1.1 In this ITT and all associated documents, unless the context otherwise requires: 1.1.1 the singular includes the plural and vice versa; and 1.1.2 the words ‘including’, ‘other’, ‘in particular’, ‘for example’ ‘eg’ and similar words shall not limit the generality of the preceding words and shall be construed as if they were immediately followed by the words ‘without limitation’;
PRECEDENTS
[insert name and address of addressee] [insert date] Dear [insert name] 1 Pre-issue invitation to mediate rather than litigate We have now exchanged documentation relevant to our client’s claim. We have provided you with [insert summary of what has been provided]. You have received our expert evidence [insert details]. You have responded to our letter of claim with [the denial of liability OR [insert other]]. The primary issues between the parties appear to be as follows: [Insert details of issues] We remain of the view that this is a case suitable for mediation and would invite you to mediate this stage in order to avoid court fees and the expense of litigation through the courts. We invite you to respond to this invitation to mediate within 14 days, failing which we will refer to this letter and previous correspondence on the question of
GLOSSARY
A financier providing an invoice discounting facility.
GLOSSARY
A receivables purchase agreement under which the client administers its own sales ledger and collects its receivables. The facility is not usually disclosed to debtors.
GLOSSARY
Involuntary intoxication describes a situation where a person becomes intoxicated through no fault or choice of their own, for example where they are drugged, misled about the nature or strength of a substance, or must take prescribed medication that has unforeseen intoxicating effects. It commonly arises in criminal law when assessing criminal responsibility, mens rea and possible defences.Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is recognised primarily through case law rather than detailed statutory definition. Involuntary intoxication may, in limited circumstances, negate the mental element of an offence or support an insanity‑type or automatism defence, particularly where the accused could not reasonably foresee the intoxicating effect.Courts distinguish carefully between involuntary intoxication and voluntary intoxication, especially in offences of basic intent (such as assault) and specific intent (such as murder). The burden on the accused to establish credible evidence of involuntariness is high, and failures to check labels, dosage or warnings will usually be treated as voluntary.Usage and underlying principles are broadly consistent across the UK and Ireland, though doctrinal labels (e.g. automatism, insanity, diminished responsibility) and statutory frameworks differ between jurisdictions.
GLOSSARY
Involuntary manslaughter describes unlawful killing without an intention to kill or to cause serious injury. It distinguishes less culpable homicide from murder and is central to charging decisions, jury directions and sentencing.In England and Wales and Northern Ireland, it is not defined in a single statute but is established mainly by case law. Two principal forms are recognised: unlawful act (constructive) manslaughter, where a defendant commits a criminal act that is dangerous and causes death, and gross negligence manslaughter, where a duty of care is breached with such seriousness as to be criminal and causes death. Reckless manslaughter is sometimes identified as a sub‑category.In Scotland, the broadly equivalent concept is culpable homicide, covering killings short of murder, including those lacking intent to kill but involving unlawful or grossly careless conduct.In Ireland, involuntary manslaughter similarly covers unlawful killings without intent, generally divided into unlawful and dangerous act manslaughter and manslaughter by gross negligence, developed through common law and interpreted alongside statutory provisions.Across all four jurisdictions, involuntary manslaughter/culpable homicide carries significant custodial sentencing powers and arises frequently in health and safety, medical, road traffic and workplace death cases.
PRACTICE NOTES
Involuntary manslaughter—introduction Manslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to manslaughter because of one of the three special defences. Involuntary manslaughter refers to those types of manslaughter which can be charged in their own right and where the accused lacks the mental element for murder ie the intention to kill or cause grievous bodily harm (GBH), although equally they can result from an indictment for murder where the prosecution fail to prove the mental element. See: R v Taylor (1834) 2 Lew CC 215 (not reported by LexisNexis®). For further information on voluntary manslaughter and murder, see Practice Notes: Voluntary manslaughter and Murder. There are two classes of involuntary manslaughter where a defendant: • kills another by an unlawful act which was likely to cause bodily harm (known as either unlawful act manslaughter or constructive manslaughter), or • kills another by gross negligence (manslaughter by gross negligence) Unlawful act manslaughter In order to prove
PRACTICE NOTES
This Practice Note sets out some key issues for in-house lawyers working on issuing vanilla bonds in the international capital markets. It is written for banking and finance lawyers working in banks or other financial institutions. General Initial points to consider: Are you the only counsel advising on this transaction or are external law firms involved? • typically any syndicated bond issuance will result in an external law firm being involved • are there any internal policies around when an external law firm must be appointed and who can be appointed and how costs are managed or shared? See: Selecting external law firms—a guide for in-house banking and finance lawyers and checklist: Agreeing engagement terms with external law firms—a checklist for in-house banking and finance lawyers for more information on appointing an external law firm What are the roles an external law firm will play? • typically the issuer and the banks mandated will each have appointed their own external law firm • the roles
PRACTICE NOTES
A bank or financial institution may undertake multiple roles in a securitisation transaction. The extent of an in-house counsel’s involvement in that transaction will be dictated by those roles and by the nature and the complexity of the particular transaction. This Practice Note focuses predominately on ‘true sale’ securitisations (issued under Regulation S of the Securities Act of 1933, as amended) where there is a third-party originator and the bank is acting in an ‘agency’ capacity. It sets out those points to consider which are in addition to or different from those to consider in a Vanilla bond issuance (see Practice Note:Tips and traps for in-house lawyers—key issues in issuing syndicated vanilla bonds issuances). Additional considerations apply for other types of securitisation or where the assets are originated or bought by the bank or an affiliate of the bank prior to being securitised. General points to consider What role(s) is the bank being appointed to undertake? The first point to establish is what role(s) the bank is being appointed to
NEWS
The Institute of Directors (IoD) has launched its Code of Conduct for Directors, designed to assist directors in making informed decisions. The Code provides organisational leaders with a behavioural framework to foster and maintain public trust in their business activities, while guiding them in navigating complex trade-offs. The Code of Conduct was developed by a Commission chaired by Lord McNicol of West Kilbride and published with the support of BDO.
NEWS
The Institute of Directors (IoD) has published a consultation document on a Code of Conduct for Directors. The IoD has said that the Code will be a practical tool to help directors make better decisions and provides organisational leaders with a behavioural framework to help them build and maintain public trust in their business activities. The IoD emphasises that the Code is a voluntary commitment and is not intended to create a new burden of compliance. The IoD requests the business community and general public to provide their views on the Code by 16 August 2024.
NEWS
The Institute of Directors (IoD) has published a consultation document on a Code of Conduct for Directors. The IoD has said that the Code will be a practical tool to help directors make better decisions and provides organisational leaders with a behavioural framework to help them build and maintain public trust in their business activities. The IoD emphasises that the Code is a voluntary commitment and is not intended to create a new burden of compliance. The IoD requests the business community and general public to provide their views on the Code by 16 August 2024.