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Q&As
The PCR 2015 The Public Contracts Regulation 2015 (PCR 2015), SI 2015/102 implemented the Directive 2014/24/EU (the Public Contracts Directive) and replaced the Public Contracts Regulations 2006 SI 2006/5. The majority of the provisions came into force on 26 February 2015 but with certain exceptions: PCR 2015, SI 2015/102 reg 1. See generally Practice Notes: Introduction to public contracts procurement—pre PA 2023 [Archived] and Public Contracts Regulations 2015—key steps and common procedures. The Regulations apply to contracts between ‘contracting authorities’ and ‘economic operators’ as defined in PCR 2015, SI 2015/102 reg 2(1). A contracting authority means the State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, and includes central government authorities. An economic operator means any person or public entity
PRECEDENTS
The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: RECITALS Fifth Recital Fifth Recital Delete the Fifth Recital and substitute: ‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital Twelfth Recital Delete the first sentence and replace with:'The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, and where there is a Contractor’s Design Portion, has examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements, and has agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.' ARTICLES Article 6 Article 6 At the end of Article 6 insert: 'The Contract Sum includes the Contractor’s price for fulfilling the duties of Principal Contractor.' Article 8 Article 8 Arbitration Delete Article 8 and insert: ‘Not used.’ Article 11 Insert new Article 11 as follows: ‘Article 11 [To be added on the face of the contract] The
PRACTICE NOTES
Introduction This Practice Note answers frequently asked questions on the fairness, transparency and enforceability of terms in contracts between traders and consumers. The principal framework is contained in Part 2 of the Consumer Rights Act 2015 (CRA 2015), which applies to individually negotiated and standard terms, as well as contractual and non-contractual consumer notices. It should be considered alongside the statutory restrictions on excluding liability for the supply of goods, services and digital content in CRA 2015, Pt 1. For further information, see Practice Notes: • Consumer Rights Act 2015—unfair terms • Boilerplate clauses in business-to-consumer contracts—general principles • Boilerplate clauses in business-to-consumer contracts—specific clauses • Exclusion and limitation of liability—business-to-consumer Helpful guidance has also been provided by the Competition and Markets Authority: Unfair contract terms guidance: CMA37 (CMA Guidance), last updated in July 2026. This Practice Note addresses the following frequently asked questions: • When is a term in a consumer contract unfair and what is the effect of an unfair term? • Does the fairness test apply to individually negotiated terms as well
Q&As
Where a party to a contract which has been guaranteed is being replaced by another party, and the party being replaced is the beneficiary of the guarantee, the question of whether the new party would benefit from the guarantee will largely depend on: • the wording of the guarantee • how the contract which has been guaranteed is being transferred from one party to another; and • any additional changes to the contract which might be connected with the transfer to the new party In finance transactions, any
Q&As
For further information, generally, about payments in lieu of notice, see Practice Note: Payment in lieu of notice (PILON). Where an employer terminates an employee’s contract of employment in reliance on a payment in lieu of notice (PILON) provision in the contract, any subsequent non-payment of the PILON may give rise to a claim in debt or a claim for damages for wrongful dismissal, depending on the precise wording of the provision in question. In Abraham v Performing Rights Society Ltd, the Court of Appeal held that the specific wording of the PILON provision in that case entitled the employee to a notice payment as a contractual debt. In particular, the CA held that where the contract of employment contained an express provision stipulating that it could be terminated by the
NEWS
Construction analysis: On 16 October 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Major Project, Constructing Excellence, and Prime Cost Building contracts, along with their associated guides and sub-contracts. In this analysis, we focus on the Prime Cost contract, and look at how it differs from its 2016 equivalent.
Q&As
Provisions in employment contracts allowing the employer to recoup relocation, training and other expenses incurred by it in respect of an employee are generally enforceable and are often included. Sometimes, the relevant clause will specify that the obligation to repay certain expenses incurred on the employee's
Q&As
The Renting Homes (Wales) Act 2016 (RH(W)A 2016) is devolved legislation which had the effect of replacing Assured Shorthold Tenancies of residential properties in Wales with ‘occupation contracts’. It provides for secure occupation contracts, which apply to the public sector, and standard occupation contracts, which apply to the private sector (RH(W)A 2016, s 1). It is mandatory to issue a w ritten statement of the occupation contract (RH(W)A 2016, s 31), which must contain all of the terms (RH(W)A 2016, s 32). Model written statements of contract are prescribed by regulations (RH(W)A 2016, s 29). The ability to obtain possession on a no-fault basis
Q&As
This question implies that the UK establishment has a different name from the overseas company. A UK establishment of an overseas company is permitted to have a different name from the overseas company, and if it does, it is treated for all purposes of the law applying in the UK as the company's corporate name It is commonplace for a UK registered establishment of an overseas company to have some authority to carry on business without reference to the overseas company, perhaps including being authorised to enter into contracts. In fact, having some autonomy from the overseas company is one characteristic that can lead to the requirement for the overseas company to be registered as a UK establishment in the first place. However, a precise answer to the question of which name is entered on the contract cannot be given here. The question hinges upon the specific circumstances and the laws of the
Q&As
This Q&A assumes that the contract is a generic business to business supply contract which is not otherwise subject to sector or industry specific regulation. This Q&A further assumes that either company B has never existed, or that there may be an inconsistency between the identity of the company named in the contract and the identity of the company performing the contract. As such, see Practice Notes: • Mistake
PRECEDENTS
Date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Seller) 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; [Buyer’s Solicitors • [name] of [address] (reference [details]);] [Charge[s] • the charge[s] appearing at entry number [number] [and [number]] in the charges register of title number [number] as at [date of official copy entries];] Completion Date • [date]; Consent • Landlord's [and Superior Landlord's] consent to the [transfer OR assignment] of the Lease; Consent Period • the period starting today and ending at [5.00] pm on [date]; [Contents • the items listed in Appendix 2;] [Contents Price • £[amount in figures] [([amount in words] pounds)];] Current Year • [the Service Charge Year in which Actual Completion occurs;] Deposit • [number]% of the Price; [Documents • the documents identified in Schedule 1;] Landlord • the person entitled to the immediate reversion to the Lease; Lease • a lease dated [date] made between (1) [name