This Q&A focuses on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. As a general rule, PCR 2015, SI 2015/102 gives bidders a significant degree of freedom to develop their bid partnership and supply chain arrangements as they see fit. PCR 2015, SI 2015/102, reg 63(1) provides that bidders may rely on the capacities of other entities for the purposes of meeting the selection criteria relating to economic and financial standing, as well as technical and professional ability. PCR 2015, SI 2015/102, reg 63(7) operates as a minor exception to this, allowing contracting authorities to require that certain ‘critical tasks’ in a public services contract or public works contract be performed by the prime contractor or one of a group of prime contractors. In other words, bidders generally cannot be prevented from using their own suppliers for the purposes of performing a public

Rule 29.1(1) of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, 29.1(1)) provides that a party is not required to reveal their home address or other contact details (among other matters) unless the court otherwise directs. Where a party does not wish to reveal their details, these must nevertheless be provided to the court (FPR 2010, SI 2010/2955, 29.1(2)). FPR 2010, SI 2010/2955, 5.1, which deals with the use of forms, and in particular FPR 2010, SI 2010/2955, 5.1(3), which provides that a form must not be varied so as to leave out any information or guidance which

In brief, directors derive their powers from the articles of association, statutory provisions and common law. The company’s articles may also contain provisions that enable the shareholders to confer powers on the directors by passing special resolutions. Directors’ powers may be limited by the company’s articles of association, the directors’ statutory duties and matters reserved to the shareholders by legislation (eg transactions with directors). In practice, the articles of association of a company will often contain provisions that delegate the day-to-day management/running of the company to the board of directors as a whole. The board, in turn, can delegate such of those powers as it chooses to one or more individual directors. It is helpful to consider what effect a restriction on the powers of one director has on third parties, ie will ultra vires acts by a director still bind the company? A director’s powers Practice Note: Powers of directors summarises the

Part 3 of the Housing Act 2004 (HA 2004) licence may only be granted to the applicant or to some other person where the local housing authority is satisfied of the following: • the proposed licence holder is a ‘fit and proper person’ to be the licence holder and is, out of all the persons reasonably available to be the licence holder in respect of the house, the most appropriate person to be the licence holder (HA 2004, ss 88(3)(a), (c), 89(1)–(4)) • the proposed manager of the house: ◦ is either the person having control of the house ◦ or a person who is an agent or employee of the

The following materials should be of help in your research: • Overviews ◦ Charitable trusts—overview • Q&As ◦ A charitable trust is looking to dissolve.

In respect of business-to-consumer (B2C) contracts for the supply of services, section 57 of the Consumer Rights Act 2015 (CRA 2015) (contained in CRA 2015, Pt 1) sets out certain rules on liability that cannot be excluded or restricted. In particular, CRA 2015, s 57(3) provides that: ‘[a] term of a contract to supply services is not binding on the consumer to the extent that it would restrict the trader's liability arising under any of sections 49 [(service to be performed with reasonable care and skill)] and 50 [(information about trader or service to be binding)] and, where they apply, sections 51 and 52 (reasonable price and reasonable time), if it would prevent the consumer in an appropriate case from recovering the price paid or the value of any other consideration. (If it would not prevent the consumer from doing so, Part 2 (unfair terms) may apply)’. A cap on the trader’s liability in a B2C contract

Asbestos is a collective term for six fibrous materials that occur naturally, and for many years were mined and used in combination with other building materials in order to increase their strength. It was used in the housebuilding industry until 1999, and any property built before that time may contain asbestos. Exposure to asbestos fibres can lead to serious illness such as mesothelioma or lung cancer, though asbestos is usually stable unless disturbed. As such it requires specialist skills for its removal. The presence of asbestos will usually be shown up in a survey commissioned as part of the purchasing process, or as part of the notification process from a seller. A seller who is aware of the presence of asbestos and fails to disclose it as part of the standard questionnaire or in response to specific questions may be liable for damages arising

Even if an express undertaking to assist with requisitions has not been given, the effect of the covenants implied under sections 1 and 2 of the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) needs to be borne in mind. LP(MP)A 1994, s 2(1)(b) states that, where a disposition is made with full or limited title guarantee, there is an

This Q&A deals with the question of the powers available to a local authority when installing gates or barriers on public highways. The question identifies the two most applicable powers in relation to authorisation of gating of, and gating of, public rights of way (PROW). However, several other powers exist which enable highway authorities to gate or fence highways in certain defined circumstances. We set them out below. For general information on PROW, see Practice Note: Public rights of way. Section 80 of the Highways Act 1980—fencing highways maintainable at public expense If the PROW is a highway maintainable at public expense, section 80 of the Highways Act 1980 (HiA 1980) gives highway authorities power to fence the PROW. However, this power cannot

A person appointed as a director of a company is an office-holder and is not, by virtue of that appointment alone, also an employee of the company. For employment law purposes, it will be a question of fact whether or not a director is an employee (or indeed a worker). See Practice Notes: • Office-holders—Directors • Employee status • Worker status Payments to directors are subject to PAYE deductions (see Practice Note: Scope of the PAYE system). The HMRC guidance for employers: Claim for your employees’ wages through the coronavirus job retention scheme was first published on 26 March 2020, and has since been updated on 4 April, 9 April and 15 April 2020. The government also published a Treasury Direction on 15 April. For information on the CJRS generally, see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived]. For information on the updates

Definitions of ‘data controllers’ in the current and future regimes Data Protection Directive, Directive 95/46/EC UK’s Data Protection Act 1998 (DPA 1998) General Data Protection Regulation (GDPR) Article 2(d):'controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for their nomination may be designated by national or Community law Section 1(1):‘data controller’ means, subject to subsection (4), a person who (either alone or jointly or in common

The High Court and the Family Court have a general power to grant an injunction (interlocutory or final) to appoint a receiver, where it is ‘just and convenient to do so’, and any such order may be made either unconditionally or on such terms or conditions as the court thinks fit (per section 37 of the Senior Courts Act 1981 which applies to the Family Court as it applies to the High Court). The Civil Procedure Rules 1998 (CPR) apply in relation to the appointment of a receiver in family proceedings