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GLOSSARY
An activity schedule with each activity priced. The total of the activities equates to the contract sum.
PRECEDENTS
This pricing capability analysis exercise will help us critically review our pricing capability and resourcing to identify areas for improvement. Scoring should be honest and reflect the current position, not what we would like it to be or think it should be. 1 Pricing governance and policy analysis 1.1 Questions Question Statement Score10= strongly agree1= strongly disagree Comments 1. We have an effective pricing partner/manager/director with overall recognised responsibility for all matters concerning pricing. 2. We have an effective pricing committee. 3. We have well developed, clearly articulated and effectively enforced policies, processes and practices on pricing. 4. Our pricing policies are enforced even-handedly across the firm including all partners (and not just non-partners). 5. We have strong controls associated with write-offs by partners. 6. We have strong controls associated with write-offs by non-partners. 7. We
GLOSSARY
Guidance for traders on good practice in giving information about prices. It was published in 2008 under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTs).
PRACTICE NOTES
This Practice Note compares the pricing structures most commonly used in construction contracts. It considers lump sum, remeasurement, prime cost and target cost contracts. Lump sum Features Comment Also known as: Fixed price In a nutshell: The contract sum is agreed before the works start. Features: The employer and contractor agree the total contract sum payable to the contractor at the outset of the project, before commencement of the works. The lump sum is not subject to remeasurement during the course of the project.It is therefore important that the contractor is given sufficient information at tender stage in order to price the works accurately. Where the contractor is not designing the works, it will normally price the works on the basis of drawings and:• a ‘bill of quantities’ drawn up by a quantity surveyor according to a published standard method of measurement. This lists out the items of work, labour and materials required to complete the works. During the tender process, the contractor prepares rates for each item within the bills of quantities, and
PRACTICE NOTES
Types of pricing conduct Broadly speaking, EU and UK competition law focuses on two categories of pricing conduct: • agreements and/or concerted practices focused on price, and • pricing policies implemented by 'dominant' undertakings. Agreements and concerted practices • Agreements and concerted practices between two or more undertakings relating to the level at which price is set or otherwise coordinated (directly or indirectly through contractual mechanisms, undocumented conduct, and/or information exchanges). • Such 'price restrictions' (as per vertical distribution/resale agreements, price parity arrangements, horizontal cooperative arrangements, and cartel or cartel-like activity) are mainly an Article 101(1) TFEU/Chapter I of the UK Competition Act 1998 (CA 98) concern (see The prohibition on restrictive agreements and Chapter I prohibition). • Coordination on price (whether in a horizontal or vertical context) is generally considered illegitimate—it being one of the most troublesome kinds of restrictions insofar as it goes against the very essence of competition (ie, freedom to price competitively/independently). • However, certain pricing agreements may be benign or even pro-competitive on the basis that they: ◦ potentially fall outside the Article 101(1) TFEU/Chapter
NEWS
Public Law analysis: The Administrative Court found that in a case where the Secretary of State for the Home Department (the defendant) had removed support under the Modern Slavery Victim Care Contract (‘MSVCC’) based on guidance which was found to be unlawful in another case before the Administrative Court, it was appropriate to grant mandatory interim relief to the claimant for the reinstatement of his support. There was clearly a strong prima facie case in the underlying judicial review and the balance of convenience lay with the claimant. Written by Imogen Sadler at 4-5 Gray’s Inn Square.
GLOSSARY
At first sight, or on the face of it, or as it appears without investigation.
NEWS
Arbitration analysis: The Supreme Court of Victoria held that, on an application to appoint an arbitrator under s 11(3)(b) of the Commercial Arbitration Act 2011 (Vic), the court need only be satisfied on a prima facie basis that an arbitration agreement exists. Contested questions concerning formation or validity should ordinarily be determined by the tribunal under the Kompetenz-Kompetenz and separability principles, rather than through jurisdictional mini-trial at the appointment stage. Practitioners resisting appointment should therefore distinguish challenges directed specifically to the arbitration agreement from those concerning the substantive contract and plan any jurisdictional challenge under s 16, while ensuring legacy arbitration clauses contain effective appointment machinery. Produced in partnership with Cameron Ford SC of William Forster Chambers.
GLOSSARY
Trading by a Charity in pursuit of its Charitable Objects, which is permitted and within the general tax exemption for Charities, as distinct from trading undertaken to generate commercial income, not in pursuit of its Charitable Objects, which would be ultra vires and taxable.
GLOSSARY
The minimum level of weekly earnings on which an employed person pays National Insurance contributions. It is the weekly equivalent of the standard personal allowance for income tax.
GLOSSARY
The initial allocation of spectrum by the regulator to the market.
GLOSSARY
Primary authority describes legal sources that have binding force or authoritative status in legal research and argument, as opposed to persuasive or secondary materials. In UK and Irish practice, it is a descriptive term rather than a defined statutory concept, but is widely used in litigation, advisory work and academic commentary.Primary authority typically includes: legislation (Acts of Parliament/Oireachtas, devolved legislation, statutory instruments), constitutional texts, EU law still retained or applicable, and case law from courts whose decisions are binding on the forum court (for example, Supreme Court, Court of Appeal, High Court, Court of Session, Court of Appeal in Northern Ireland, Irish Supreme Court and Court of Appeal).Lawyers rely on primary authority to establish the ratio decidendi, interpret statutes, and demonstrate the current state of the law in submissions, opinions and legal drafting. Usage of the term is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though the hierarchy of courts and specific constitutional sources differ by jurisdiction. Primary authority is contrasted with secondary sources, such as textbooks, articles, Practice Directions and non‑binding guidance.