Meeting of the minds describes the point at which parties reach genuine agreement on the essential terms of a contract, so that their consent can be said to coincide. In legal practice across England and Wales, Scotland, Northern Ireland and Ireland, it is a descriptive expression rather than a statutory term, and is closely linked to the requirement for offer and acceptance, certainty of terms and intention to create legal relations. Courts typically analyse “meeting of the minds” objectively, by asking what a reasonable person would understand from the parties’ words and conduct, rather than focussing on undisclosed subjective intentions. A lack of true agreement can lead to a finding that no contract was formed, or support arguments based on mistake, misrepresentation, uncertainty or sham transactions. In Scots law, the concept aligns with consensus in idem, but the underlying idea is essentially consistent across all four jurisdictions. The phrase is often used in contract drafting, negotiation and litigation to describe whether a binding agreement has been reached, particularly in disputes over oral contracts, pre-contractual negotiations, “subject to contract” communications and ambiguous or incomplete terms.

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see Practice Notes: Local authority meetings during the coronavirus (COVID-19) pandemic [Archived] and Coronavirus (COVID-19)—governance tracker [Archived]. Elements of accessibility The following table sets out the position in a typical authority. Some authorities grant additional rights to councillors and members of the public. Council Committees and sub-committees Officers’ non-executive decisions Cabinet (key and non-key decisions) Individual executive members (key and non-key decisions) Officers’ key executive decisions Officers’ non-key executive decisions 1 Public identification of the body or person responsible for taking the decision Yes — statute and constitution Yes — statute and constitution (terms of reference), and council minutes for ad-hoc delegations to committees and sub-committees Yes — scheme of delegations and minutes for ad-hoc delegations Yes — statute and constitution Yes — statute and constitution (scheme of delegation to cabinet members) Yes — scheme of delegations and cabinet minutes for ad-hoc delegations Yes

This Practice Note explains the three basic models of governance for local authorities. It covers the distinction between decisions which are executive and non-executive or council decisions. It also covers the strict requirements about the convening of meetings and the notice that must be given, and discusses rules relating to the agenda, minutes and executive meetings. Executive and non-executive decision making There are three basic models of governance for local authorities: • the executive leader and cabinet model: ◦ the council, comprising all councillors, elects an executive leader, who appoints a maximum of nine other councillors as members of the executive (or ‘cabinet’) ◦ each cabinet member has a specific area of responsibility ◦ the executive leader is elected by full council for a term determined by the council, or on a four-yearly basis ◦ certain ‘non-executive’ functions are reserved to council by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, SI 2000/2853. These can largely be delegated to committees and to officers ◦ under the provisions of the Local Government Act 2000,

This Practice Note considers the legal, regulatory and practical issues arising on mega projects. It explains what constitutes a mega project, distinguishes a mega project from a Nationally Significant Infrastructure Project (NSIP) in England, a Significant Infrastructure Project (SIP) in Wales and a national development in Scotland. This Practice Note considers relevant government guidance, procurement strategy, governance, risk allocation, contractual structure and dispute management. It is intended for construction lawyers advising clients involved in the planning, procurement, delivery or oversight of mega projects. Mega projects occupy a distinct place within the construction and infrastructure landscape. They are not simply large projects, but projects of exceptional scale, complexity and strategic importance, typically involving long delivery periods, multiple contracting interfaces and significant public or political scrutiny. For construction lawyers, mega projects require a shift in approach. Familiar legal principles continue to apply, but the consequences of poor drafting, weak governance, unrealistic risk allocation or inadequate regulatory planning are magnified and may become systemic. In practice, mega projects are as much about procurement strategy, risk management and

A measurement of electronic information also referred to as Mb. 1 megabyte = 1,024 Kilobytes

a measurement of electronic information also referred to as Mb. 1 megabyte = 1,024 Kilobytes

A Million Hz (cycles per second). Example: 900 MHz = 900,000,000 or 900 x 106.

Equal to one million watts, the productive capacity of electrical generators operated by a utility company is often measured in megawatts.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 21 February 2020; it is no longer maintained. See further,timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU investigation into whether agreements regarding hotel accommodation concluded between the largest European tour operators (Kuoni, REWE, Thomas Cook and TUI) and Meliá Hotels International S.A. contained clauses that unlawfully discriminated between customers, based on their nationality or country of residence (AT.40528). Latest development On 21 February 2020, the Commission issued its infringement decision against Meliá Hotels International S.A., imposing a fine of €6,678,000 for entering into contracts with tour operators that restricted active and passive sales for hotel accommodation. The fine included a 30% reduction for cooperation that Meliá Hotels International S.A. provided during the investigation.The Commission also decided, following an assessment of the evidence and the circumstances of the case, to close its investigations into the four tour operators. Parties Meliá Hotels International S.A. (Meliá): Meliá is a Spanish hotel chain.

A person who has been elected by the local government electors for that area to stand as their councillor.

EU Law analysis: The Court of Justice (CJEU) held that domestic rules which precluded ordinary Member State courts from considering whether provisions of national law were compatible with the treaties and with the principle of the supremacy of EU law were in breach of EU law. Domestic law providing that a judge could be disciplined for applying EU law where the application of EU law meant that the judge was departing from case law of the constitutional court of a Member State was incompatible with the treaties and the principle of the supremacy of EU law. Written by Eleonor Duhs, partner, Bates Wells.

The European Commission has announced that EU Member States have agreed on new ambitious targets for offshore renewable energy deployment. The non-binding agreements aim to install approximately 88 GW of capacity by 2030, increasing to around 360 GW by 2050. These targets, covering five EU sea basins, are designed to promote investment and foster a trans-European approach to offshore renewable energy development. The European Network of Transmission System Operators for Electricity will now update strategic integrated offshore network development plans based on these new objectives.