The position depends on whether the modification is governed by the pre-Procurement Act 2023 (PA 2023) regime (Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274 or Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273), or instead by the PA 2023. The modification will be governed by the pre-PA 2023 regime if the contract itself was awarded before Monday 24 February 2025, or if the procurement for the contract in question started before that date, even if the contract itself has not been awarded by that date. It will be governed by PA 2023 if the procurement for the contact starts on or after Monday 24 February 2025. The position under the pre-Procurement Act regime Under the pre-PA 2023 regime, express provisions on contract modifications are to be found in PCR 2015, SI 2015/102, reg 72, UCR 2016, SI 2016/274, reg 88 and CCR 2016,

Failure to comply with a pre-action protocol The obligations of parties pre-action are set out in the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) and the pre-action protocols. The protocol that relates most closely to the subject matter of the dispute should be followed. For details of all the pre-action protocols, see Practice Note: The pre-action protocols and when they apply. If there is no protocol for the type of dispute you are dealing with, you should refer to the Practice Direction, which sets out various general pre-action conduct requirements that apply to all claims and is specifically stated to apply where no other specific protocol is relevant (paragraph 2 of the Practice Direction). For more information on the Practice Direction, see Practice

Consent and clearances where people are included in the footage Explicit consents and releases may need to be obtained where an individual wishes to upload footage which contains video of an individual or a group of individuals, the nature and form of consent or release will vary according to the areas of law brought into play by the footage in question. Key areas to consider are: • the Data Protection Act (DPA 1998) – as the images of people will almost certainly fall within the definition of personal data under the DPA and placing the footage online makes it potentially accessible by a large and global audience and uploading without explicit consent is likely to breach at least one of the 8 data protection principles. For further information, see Practice Note: Data protection principles under the DPA 1998. Specifically in relation to the rights of people to request removal of personal data, see Practice Note: Rights of data subjects under the DPA 1998

Professional indemnity (PI) insurance provides cover in respect of claims for professional negligence. Many professionals are required to take out PI insurance cover and, where the underlying building contract, consultant appointment or sub-contract requires the warrantor to maintain PI insurance, it is standard that any collateral warranties provided to beneficiaries by the warrantor will also include an obligation to maintain PI insurance. See Practice Note: Professional indemnity insurance in construction projects for more detail on this type of insurance. When evaluating the PI cover to be held under a collateral warranty, a key concern for the lender will be that the level of cover is sufficient in respect of the potential losses that could be suffered in the event of negligence by the warrantor. The PI cover should not be linked to

Duty The Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must collect and get in the deceased’s estate and administer it according to the law and with due diligence. The PRs must identify all the assets in the estate and any liabilities in the estate. This involves, as soon as possible: locating and obtaining the deceased’s title deeds or land certificates, locating and obtaining the deceased’s documents supporting the existence of assets and liabilities, eg account books, life policies, share certificates, cheque books and credit cards, and locating all loose cash. To do this the PRs should send preliminary letters to all those: • holding assets • claiming debts, and • with pertinent knowledge of the deceased’s affairs For further information on the PRs’ duties and powers regarding ascertaining the estate and the preliminary steps to be taken, see Practice Notes: Initial steps to identify assets and liabilities and Securing and protecting estate assets. Executors

The steps an employer will need to take will depend on: • the nature of the employer's workplace (eg whether there are physical risks to the employee) • the nature of the employee’s job (eg heavy lifting, lots of standing or long office hours) • whether the employee advises the employer of any particular concerns she has The sections below highlight the steps that an employer should take and the issues to be considered. Employer's reaction to the news matters and is remembered The first reaction of the employer should almost certainly be one of congratulation (unless the employee advises the employer of something which may make a more muted approach appropriate, eg that the employee has just split up with her partner). Inappropriate ‘throw away’ remarks or ‘banter’ will be remembered and could lead to discrimination claims. The employer should check with the employee whether the news is public or whether the employee prefers to keep it confidential from other colleagues or from clients/customers

As explained in Practice Note: Pre-completion searches, if the certificate reveals adverse entries, unless the sale contract provides that the buyer will take subject to the adverse entry, the buyer should raise a requisition on title with the seller’s solicitor requesting full details and an undertaking that the entry will be removed on or before completion, together with evidence of the ability to do so. See also para 3.7.9 of the Practice guide 63: Land Charges-applications for registration, official search, office copy

An order for substitution must contain: • identification details for the proceedings • the name of the original petitioner • the name of the creditor or contributory (the named person) who is substituted as petitioner • a statement that the named person has requested to be substituted as petitioner under rule 7.17 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 • the following orders: ◦ either: ‣ that the named person must pay the statutory

This Q&A relates to the use of a Dutch Depository Foundation or Stichting Administratie Kantoor (StAK) as a special purpose vehicle to potentially reduce the transparency of an individual’s beneficial ownership in a UK private limited company. Under Part 21A of the Companies Act 2006 (CA 2006), the two main categories of entity that should be recorded on a persons with significant control (PSC) register are registrable individuals with 'significant control', and any other registrable 'relevant legal entity' (RLE). RLEs are legal entities under the law by which they are governed, would be individual PSCs if they were an individual, and are 'subject to their own disclosure requirements'. Legal entities will not be RLEs if they are not subject to their own disclosure requirements, for example unlisted

Please see Precedent: Records retention schedule, which contains examples of the wide range of personal data and other information that may be held by general commercial organisations, including law firms. Section 9 covers records that are specific to law firms. Section 9.1 relates to matters involving wills

Pre-action correspondence The CPR require parties to comply with certain obligations regarding their conduct prior to proceedings starting. CPR 44.2(4), which sets out the discretion which the court has when making costs orders, makes clear that when the court is deciding what order to make on costs, the court will have regard to all the circumstances including: ‘(a) the conduct of all the parties.’ CPR 44.2(5) makes clear that the conduct of the parties is not limited to their conduct after legal proceedings have been issued: ‘The conduct of the parties includes— (a) conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction—Pre-Action Conduct or any relevant pre-action protocol.’ It is therefore important for parties to comply properly with their pre-action obligations and to comply with any pre-action protocol. For some types of litigation, a dedicated pre-action protocol exists.

For the purposes of this Q&A we have assumed that it is an individual who is making the application to the European Court of Human Rights (ECtHR). Initial Application According to r 47 of the Rules of Court: “1. An application under Article 34 of the Convention shall be made on the application form provided by the Registry, unless the Court decides otherwise. It shall contain all of the information requested in the relevant parts of the application form and set out (a) the name, date of birth, nationality and address of the applicant and, where the applicant is a legal person, the full name, date of incorporation or registration, the official registration number (if any) and the official address; (b) the name, occupation, address, telephone and fax numbers and e-mail address of the representative, if any; (c) the name of the Contracting Party or Parties against which the application