This Q&A refers you to the related content available below, which may assist with your research. In doing so, we have assumed that the question relates to public procurement under the Public Contracts Regulations (PCR 2015), SI 2015/102. PCR 2015 includes specific provisions restricting the maximum contract duration/term for particular types of contracts and procedures. For example: • PCR 2015, SI 2015/102, reg 33 deals with framework agreements and includes a provision limiting the term of frameworks to four years save in exceptional circumstances • PCR 2015, SI 2015/102, reg 77 deals with reserved contracts and includes a provision limiting the maximum duration of such contracts to three years • PCR 2015, SI 2015/102, reg 32 deals with agreements tendered under the negotiated procedure without a notice and includes a provision limiting the contract duration in some circumstances to three years PCR 2015 is a detailed statutory instrument, setting out express requirements, exclusions and qualifications applicable to contracting authorities and procurements in-scope. Where term limits

As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and secondary legislation, including a significant volume of Brexit-related statutory instruments (Brexit SIs). Both primary and secondary legislation is required for various purposes in connection with Brexit, eg to: • amend provisions of EU-derived UK legislation and direct EU legislation the UK plans to preserve in domestic law after Brexit (retained EU law), which requires correction in anticipation of Brexit (so that it can operate effectively as part of UK law after Brexit) • implement new and revised domestic policy required as a result of Brexit (eg in areas such as immigration, tax, trade, nuclear and environmental policy), and also • reflect provisions of any Brexit-related international agreements enacted in UK law (including the Withdrawal Agreement) Brexit SIs made under the European Union (Withdrawal) Act 2018 The government is using its legislative powers under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and other primary legislation, to introduce hundreds of Brexit SIs across

Judicial review in Scotland evolved separately from England and Wales which accounts for its unique features and terminology. However, in recent years there have been extensive reforms to the rules and practice of judicial review in Scotland bringing the jurisdictions closer together. The Court Reform (Scotland) Act 2014 ushered in a number of significant changes, such as a new test for standing and a three-month limit on commencing proceedings, with the aim of providing increased procedural clarity, more effective case management and swifter determination of claims. This Q&A outlines the distinctive features of judicial review in Scotland, as compared to England and Wales. Our Judicial review topic contains a range of materials on the principles and process of judicial review in both jurisdictions where you will find extensive guidance on the topics referred to below. Scope Remedy of last resort Judicial review in Scotland is a remedy of last resort. The Court of Session Rule 58.3(2) provides that a petition may not

For the purposes of this Q&A, we have assumed that the purchaser has exchanged contracts in a residential conveyancing transaction, and has subsequently decided to assign the benefit of his part of the contract to another prior to completion. What is the contract? The assignment is in itself a contract independent of the conveyancing contract. It is one which obliges the buyer to enter into another contract, ie for the sale of land. Such agreements are known as an agreement to agree. An ‘agreement to agree’ is, generally speaking, unenforceable. This is because where two parties enter into a contract to agree with each other, may not ultimately agree with each other, and more importantly, the terms of the agreement they intend to agree are often not certain (otherwise, why bother with an agreement to agree rather than simply to negotiate the contract?). The uncertainty of the bargain renders it unenforceable. However, the assignment of

Main concept As with all civil damages, the idea is to compensate the wronged person, not to punish the person who did the wrong. The objective is to place the patent owner back in the position it would have occupied if the infringement had not happened. Damages are available to compensate for several different types of loss. This can include: • profits the patent owner lost if it has missed out on sales due to the infringer making the sales instead • lost profits on the sales the patent owner has made, if the infringer's market presence means the patent owner had to decrease its prices • where infringer has sold goods but the patent owner would never have made those sales anyway, patent owner can

Main concept Most witnesses are nervous about providing either written evidence or oral evidence. Many intellectual property cases are based around misuse of confidential information, copying (copyright and/or database right) or confusion (trade marks). There are often reputational issues for key witnesses who may be explaining, in their witness statement, where they got the idea for their work or the brand name or logo. Where the dispute is fact-based, the entire case may turn or whether or not a particular witness is credible. Key legislative provisions See Solicitors Regulation Authority Code of Conduct and the Chancery Guide, Chapter 8 and Appendix 9. Key cases R v Momodou [2005] 2 All ER 571 paras 61–65 Nakanishi Kikai Kogyosho Ltd v Intermare Transport GmbH [2009] All ER (D) 181 (May) Top 7 must haves Be the early bird: approach the process of obtaining witness evidence at the earliest stage in the proceedings. Interview the witness: you get a sense of the calibre of the witness by speaking

The GDPR became directly applicable and fully enforceable in all EU Member States from 25 May 2018. The GDPR introduced substantial amendments to data protection law and replaced the Data Protection Act 1998 (DPA 1998) and Directive 95/46/EC. The GDPR permits a number of national derogations. In the UK, the adoption of the GDPR into UK law was assisted and supplemented by the Data Protection Act 2018 (DPA 2018) which provides permitted national derogations/exceptions to the requirements of the GDPR, see Practice Note: The Data Protection Act 2018. On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law. During this period, the GDPR applies in the UK and the UK generally continues to be treated as an EU (and EEA) state for EEA and UK data protection law purposes. For further guidance on that period, its duration and the data

The key issues are likely to include: • Recruitment and right to work—whether there are any specific rules in the relevant country governing the employee’s recruitment and (if relevant) immigration status • Applicable (or governing) law—the parties are free to specify, in the express terms of the employment contract, that a particular body of law governs the operation of that contract, eg by stating 'the proper law of this contract is the law of England and Wales'. Where the parties make that express choice, Rome I states that the law they choose

It is assumed for the purpose of this Q&A that the legal capacity of the minor (ie a person aged under 18) is a question governed by English law, as the position under Scots law differs. A minor may become a shareholder in a company, unless a company’s articles of association prohibit this. They may take a company’s shares either by subscribing to its memorandum of association or by taking a transfer of those shares. However, a minor’s position as a shareholder can give rise to a number of legal and practical issues. A contract for shares will be voidable at the minor’s option during their minority or within a reasonable time of their attaining it. What amounts to a 'reasonable time', for this purpose, will depend on the circumstances, but if the minor does anything to show their acquiescence to the contract after attaining their majority, such as accepting dividends in respect of their shares, their ability to repudiate it will be lost.

Statutory consumer rights The Consumer Rights Act 2015 (CRA 2015) introduced new consumer rights which enable the consumer to reject faulty goods within the first 30 days, or thereafter to ask for a repair or a replacement, with a further right to reject the goods or a reduction in the price if the repair or replacement is not satisfactory. See Practice Note: Consumer Rights Act 2015—summary for an overview of the CRA 2015 and Practice Note: Consumer Rights Act—goods. This right does not apply in cases where the only breach relates to an incorrect installation of goods. The consumer has up to 30 calendar days to reject the goods although perishable goods are subject to a shorter time period. The trader can extend the thirty-day period but may not reduce it. If the consumer asks for a repair or replacement of the goods, the thirty-day period stops running between the request and the trader providing the replacement or repaired

For the purposes of this Q&A we have assumed that you are referring to a local authority as opposed to a public authority. There are some generic principles across public authorities such as public sector duties but each non-central government public authority is created by statute and derives its power from enabling statutes which need to be considered as a starting point. Can a local authority establish a company and when would they do so? The local authority’s powers under the Local Government Act 2003 draw a broad distinction between charging and trading. It is important for the authority to establish whether the project fits within their powers. The authority should consider whether the project is charging or trading. The key differences between the two are: • charging only relates to services, whereas the power to trade is for all services, works and supplies functions

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, SI 2017/172 ('the regulations') come into force on 6 April 2017. Acas and the Government Equalities Office published draft non-statutory guidance on managing gender pay gap reporting in the private and voluntary sectors to assist employers comply with the regulations. This Q&A addresses the key questions employers need answered about the new requirement as set out in the regulations. For our full coverage of the gender pay gap and the forthcoming reporting requirement, see our Practice Notes: • Gender pay gap reporting (which also includes details of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, which will apply to most public sector employers, and are not covered in this Q&A), and • Understanding and improving gender and other pay gaps Meaning of 'gender pay gap' The gender pay gap is a measure of the difference in pay received by men and women. The gender pay gap