Liability for own acts Personal representatives (PRs) may find themselves liable for their acts or omissions in respect of their dealings with: • third parties • beneficiaries of the deceased’s Will or on an intestacy • their co-personal representatives In the course of administration a PR is personally liable for: • performing their obligations under any contracts they enter into and in entering into a contract they are not permitted to limit their liability to the estate assets in their hands • any torts they commit • any loss to the estate resulting from their breach of duty (a devastavit) Generally the liabilities of an executor and administrator are subject to the same rules. Contracts As PRs are liable for the contracts they enter into and cannot limit their liability to assets in their hands they will be chargeable personally and can be sued in a personal capacity. This will be an action de bonis propriis (‘of their own goods’). Torts As with the position on contracts PRs are personally liable for any torts they commit.

This practical guidance relates to the Procurement Act 2023 regime The main provisions of the Procurement Act 2023 (PA 2023) entered into force on 24 February 2025. In-scope procurements must be carried out under PA 2023. Procurements started before PA 2023 came into force remain governed by the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848). For background reading on the previous regime, see Practice Note: Introduction to public contracts procurement—pre PA 2023 [Archived]. This practical guidance focuses on public procurement under PA 2023. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023 and Checklist: Procurement Act 2023—key changes. For details of the transitional arrangements, see Practice Note: Procurement Act 2023 transitional and saving arrangements—PA 2023. What is mixed procurement? Mixed procurement occurs when a contracting authority needs to procure a combination of goods, services and/or works within a single contract. This can often present a

This Practice Note explains how a PFI or PF2 project can be terminated. It also looks at the consequences of termination, the risks associated with termination and practical considerations that the parties need to take into account. Note that, in the 2018 Budget (delivered on 29 October 2018), it was announced that the government would no longer use PF2 on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, existing PFI and PF2 projects will continue to run, and given the typical lifespan of such projects this is likely to be for many years. While both public and private sector parties have historically considered the termination of a PFI project to be a 'nuclear' option, fraught with risk and potential cost exposure, pressure on public sector budgets is significant and termination of expensive PFI projects might be viewed as a serious option by some authorities. Although there are risks attached to a termination, the potential rewards—escaping a politically unpopular, costly contract and taking greater control of service delivery—can be enticing. Particular

1 Introduction 1.1 This policy sets out an overview of the Company’s arrangements for ensuring workers stay healthy and safe while they are working in the Company’s premises during the coronavirus (or COVID-19) pandemic. The government guidance states that COVID-19 is expected to be a feature of our lives for the foreseeable future, so we need to learn to live with it and manage the risk to ourselves and others. It supplements, but does not replace, the Company’s health and safety policy. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 The main way of spreading coronavirus is through droplets and aerosols that come into contact with the eyes, nose or mouth, or can be breathed in by another person, or passed on via surfaces or touch. In general the risk of catching or passing on COVID-19 is highest when you are physically close to the other person. Current government guidance recommends: 1.4.1 getting vaccinated; 1.4.2 meeting outdoors where possible, and letting fresh air into enclosed spaces;

1 Introduction 1.1 Tax evasion is a major issue in world trade, despite the many dedicated efforts to prevent it. 1.2 Tax evasion is very damaging to the societies in which it occurs. It diverts money and resources from those who need them most, hindering economic and social development. 1.3 Tax evasion affects us as a UK organisation if it is criminally facilitated anywhere in our business[es]. 1.4 We run our business[es] with integrity and in an honest and ethical manner. All of us must work together to ensure [it OR they] remain[s] untainted by tax evasion facilitation. 1.5 This policy is a crucial element of that effort. It has the full support of the [insert senior management body, eg Board]. It sets out the steps all of us must take to prevent tax evasion facilitation in our business[es] and to comply with relevant legislation. It does not form part of any employee’s contract of employment and we may amend it at any time. 2 What is tax evasion and how does this affect us? 2.1 Tax evasion is the illegal non-payment or under-payment of taxes. It is usually

This Practice Note examines the debtor’s right under the Consumer Credit Act 1974 (CCA 1974) to receive a copy of their executed credit agreement, including when and how a request for a reconstituted agreement can be made, and the practical considerations for both the creditor and the debtor. Legal and evidential context Under CCA 1974, a debtor under a regulated credit agreement is generally entitled to receive a copy of the executed agreement into which they entered. Further, in litigation a creditor may be required to disclose a copy of the executed credit agreement as proof that as a matter of common law a contract existed, or as proof of the terms of the agreement, or as proof that various statutory requirements (eg concerning warnings and notices) were given. In both scenarios the question arises as to what constitutes a copy of the executed credit agreement within the meaning of the CCA 1974 and as a general matter of evidence. Statutory right to a copy of the executed credit agreement The starting points

What does this Practice Note cover? This Practice Note explains the trading of over-the-counter (OTC) derivatives on electronic trading platforms (ETPs) and covers: • the ways in which OTC derivatives may be traded • the reasons for increased trading of OTC derivatives on ETPs • the types of OTC derivatives that can be traded on ETPs, and • the documentation required for trading OTC derivatives on ETPs What are the different methods of trading OTC derivatives? OTC derivatives may be executed through various mechanisms, including: • voice execution • electronic trading platforms (ETPs), and • hybrid systems Voice execution An OTC derivative is a bi-lateral contract. Traditionally, OTC derivatives were negotiated and agreed either directly between the two counterparties, or through a broker, using voice execution, which means using either telephone or internet messaging. By contrast, exchange traded derivatives (ETDs) were, and continue to be, traded only on organised, regulated trading venues. These trading venues are known as futures exchanges. For general information on OTC derivatives and ETDs, see Practice Notes: • OTC

This Practice Note looks at the standardisation of contracts in relation to PFI and PF2, and considers the practical use of model form contracts. Background The history of model, or standard form, contracts in the PFI context is a long one. Even before the July 1999 publication by HM Treasury of version 1 of 'Standardisation of PFI Contracts', there had been various Technical Notes issued by the Treasury Taskforce for Projects, containing guidance and contract drafting which would later inform a plethora of sector-specific or project-type-specific model project agreements and supporting contracts. Version 1 of Standardisation of PFI Contracts was published largely in response to the second review of PFI undertaken by Sir Malcolm Bates, commissioned on 12 November 1998, which was carried out in tandem with Peter Gershon's review of central government civil procurement. A key theme of Bates's second PFI review was the need to consolidate and strengthen central coordination in PFI procurement, coupled with a need for greater standardisation of contractual terms. The main reasons (albeit not stated in precisely

Many documents entered into by local authorities will need to be executed as a deed. Section 52(1) of the Law of Property Act 1925 (LPA 1925) provides that all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. For further examples, see Practice Note: Deeds. Further, the standing orders of most local authorities will require that for contracts exceeding a certain amount, the local authority must execute the contract by deed. This is ordinarily done by the local authority affixing its seal to the deed, or by such other manner as may be prescribed by its standing orders. Consideration should therefore first be had to the standing orders to determine the manner in which the local authority must ordinarily execute deeds and simple contracts. Where it is not possible for a seal or signature to be affixed to the relevant document, it may be possible to sign remotely. Section

This Practice Note aims to guide practitioners to Q&As covering the rules and procedure that apply in cases where one or more of the owners of jointly owned property lacks mental capacity. It should be noted that Q&A content is not maintained and so the Q&As linked to from this Practice Note state the law as at the date indicated in each case. Introduction When two or more people own real property together, whether as joint tenants or tenants in common, a trust of land is created of which the owners are trustees. If one or more of those trustees becomes incapable of managing their property and affairs they will not be able to sign any legally binding documents dealing with the property. If such a property is to be sold an application will need to be made for an order appointing someone to replace the incapable trustee, or trustees. For information on the level of capacity required to sell a property, see Practice Note: Capacity to make gifts, settle property and contract,

Outsourcing agreements are normally long-term, complex, high-value arrangements for services which are critically important to the customer’s business. There are a number of reasons why termination rights in outsourcing agreements receive particular attention, especially when compared to simpler and shorter-term contracts. For example: • it is often difficult for the customer to replace the supplier at short notice. The services provided are normally tailored to the customer’s requirements with a period of ‘transitioning’ prior to service commencement. If the supplier was able to terminate on short notice the customer may be left without a critical business function, and • the supplier will have anticipated a long-term revenue stream for at least the agreed contract term and may not be able to recover all of its costs if the arrangement terminates early The termination rights a party is able to secure will reflect that party’s relative bargaining position. The customer will commonly have a stronger position during negotiations, particularly if there are a number of potential suppliers, but that is not always the case. Accordingly, the termination

It is important firstly to understand what the parties mean when they use the term BIM level 2 coordinator. Often, people equate this with a BIM information manager, but in some situations the role is actually wider than that of an information manager. For example, the Construction Industry Council Protocol takes the position that a BIM information manager has no design related duties, whereas a BIM coordinator would be responsible for clash detection and model coordination activities (albeit the design lead may undertake these activities)—see section 4. For further information on various roles associated with BIM, see Practice Note: Management of BIM. It is common for the duties of a BIM coordinator to fall within the role of another project participant, and therefore be included as part of that consultant’s appointment rather than a standalone contract. However, if you are engaging the BIM coordinator separately, then you can use one of our Precedent consultant appointments. Depending on the scope of the project, if