DAC Beachcroft

Experts

15

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David Williams
Partner, Solicitor
DAC Beachcroft
Ed Williams
Partner
DAC Beachcroft
Emily Tracey
Solicitor
DAC Beachcroft
Grace Tebbutt
Solicitor
DAC Beachcroft
Hannah Ismail
Associate
DAC Beachcroft
Jade Kowalski
Partner
DAC Beachcroft
Joe Bannister
Partner (Solicitor)
DAC Beachcroft
Katherine Calder
Partner
DAC Beachcroft
Kelsey Farish
Solicitor
DAC Beachcroft
Rowan Scarth
Solicitor
DAC Beachcroft
Sarah Foster
Legal Director
DAC Beachcroft
Stephen Hocking
DAC Beachcroft
Victoria Fletcher
Senior Associate Solicitor
DAC Beachcroft
Victoria Pace
Senior Associate
DAC Beachcroft
Contributions by DAC Beachcroft

3

NEC contracts—termination
NEC contracts—termination
Practice notes

This Practice Note considers the termination provisions in the NEC contracts. It looks at termination by the Client, termination by the Contractor and situations in which either party may terminate, along with the consequences of termination. It covers both the NEC3 and NEC4 contracts.

Termination of a construction contract
Termination of a construction contract
Practice notes

This Practice Note examines termination of a construction contract (or termination of a contractor’s employment under it). It provides guidance on termination at common law for repudiatory breach (repudiation), including affirmation, anticipatory breach and the consequences of common law termination, termination for breach pursuant to a contractual provision and termination at will (also known as termination for convenience). It also looks at the effect of termination on liquidated damages.

Termination on insolvency in construction contracts
Termination on insolvency in construction contracts
Practice notes

This Practice Note examines what the consequences of a party becoming insolvent are, under the Insolvency Act 1986 (IA 1986), the Corporate Insolvency and Governance Act 2020 (CIGA 2020), and under the most widely used standard form construction contracts. The JCT and NEC contracts both contain detailed provisions setting out what constitutes insolvency for the purposes of the contract and what the rights of the parties are in these circumstances.

Contributions by DAC Beachcroft Experts

23

Challenging Workers and Temporary Workers sponsor licence decisions by way of judicial review
Challenging Workers and Temporary Workers sponsor licence decisions by way of judicial review
Practice notes

A decision by the Home Office to refuse a Workers and/or Temporary Workers sponsor licence or to suspend, downgrade or revoke an existing sponsor licence does not attract a right of appeal. Since 6 April 2016, there has been a 'pre-licence error correction' procedure which has enabled sponsors to challenge the refusal of a sponsor licence application where there has been a 'simple caseworking error' or where supporting evidence sent with the initial application has not been considered. This Practice Note looks at how to challenge a negative sponsor licence decision by way of judicial review. It focuses on assessing the merits of a challenge, the investigation process, discussions and negotiations with the Home Office, and the letter before action.

Competitive flexible procedure—PA 2023
Competitive flexible procedure—PA 2023
Practice notes

This Practice Note provides guidance on the competitive flexible procedure available to contracting authorities awarding public contracts in compliance with section 19 of the Procurement Act 2023 (PA 2023). It explains what the competitive flexible procedure is, when it can be used, when it must not be used and how the procedure should be undertaken.

Damages claims pilot scheme—CPR PD 51ZB
Damages claims pilot scheme—CPR PD 51ZB
Practice notes

This Practice Note considers CPR PD 51ZB, which deals with a pilot scheme to test an online claims process for County Court damages claims where parties are represented by a legal representative who is registered with the service. The claims are managed using an online portal called the Damages Claims Portal (DCP). The pilot scheme runs from 28 May 2021 until 1 October 2025.

Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences
Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences
Practice notes

This Practice Note looks at the circumstances set out in the Home Office’s Workers and Temporary Workers Sponsor Guidance as to when the Home Office can or will downgrade an organisation’s sponsor licence from an ‘A’ to a ‘B’ grade, suspend or revoke the organisation’s licence. It also outlines how to surrender a sponsor licence and the effect of such actions on the organisation and its sponsored workers.

Dynamic markets—PA 2023
Dynamic markets—PA 2023
Practice notes

This Practice Note examines the use of dynamic markets for sourcing suppliers under the Procurement Act 2023 (PA 2023). It explains what a dynamic market is and how one is established, including the process to be used, conditions of membership, ongoing management and fees. It also covers contract awards under dynamic markets.

Introduction to the Procurement Act 2023—PA 2023
Introduction to the Procurement Act 2023—PA 2023
Practice notes

This Practice Note is an introduction to the Procurement Act 2023 (PA 2023), which received Royal Assent on 26 October 2023 and is due to come into force on 24 February 2025 (delayed from 28 October 2024), replacing the Public Contracts Regulations 2015 (PCR 2015). It provides an overview of the new procedures for awarding public contracts covered by PA 2023, as well as associated provisions relating to transparency, exclusions, debarment and remedies in public procurement.

Online Civil Money Claims pilot scheme—CPR PD 51R
Online Civil Money Claims pilot scheme—CPR PD 51R
Practice notes

This Practice Note considers CPR PD 51R, which establishes a pilot scheme to test an online claims process for specified money claims in the County Court called the ‘Online Civil Money Claims’ (OCMC) pilot. The pilot is available for use by unrepresented parties (‘litigants in person’) and represented parties, subject to financial limits. The pilot scheme commenced on 7 August 2017 and runs until 1 October 2025.

Open procedure—PA 2023
Open procedure—PA 2023
Practice notes

This Practice Note provides guidance on the open procedure available to contracting authorities awarding public contracts in compliance with section 19 of the Procurement Act 2023 (PA 2023). It explains what the open procedure is, when it can be used, when it must not be used and how the procedure should be undertaken.

Prior information notices and contract notices
Prior information notices and contract notices
Practice notes

This Practice Note explains the rules governing the use of prior information notices (PINs) and contract notices in public procurement exercises subject to the Public Contracts Regulations 2015. It considers the use of PINs, the information required for publication in the Find a Tender Service (FTS) and details of how to complete a procurement contract notice, including the standard forms.

Public procurement objectives—PA 2023
Public procurement objectives—PA 2023
Practice notes

This Practice Note explains the public procurement objectives mandated by section 12 of the Procurement Act 2023 (PA 2023), as supplemented by regulations and guidance. It summarises the public procurement objectives and explains what a covered procurement is, together with key over-arching considerations, such as transparency and value for money, that must be considered at all stages in a procurement lifecycle.

Public procurement—competitive dialogue procedure
Public procurement—competitive dialogue procedure
Practice notes

This Practice Note sets out the key issues for consideration when a contracting authority is considering the use of the competitive dialogue procedure under the Public Contracts Regulations 2015. The Practice Note is also of use to bidders so that they can understand how procurements are run.

Public procurement—competitive procedure with negotiation
Public procurement—competitive procedure with negotiation
Practice notes

This Practice Note sets out the key issues for consideration when a contracting authority is considering the use of the competitive procedure with negotiation under the Public Contracts Regulations 2015. The Practice Note is also of use to bidders so that they can understand how such procurements are run.

Public procurement—innovation partnership procedure
Public procurement—innovation partnership procedure
Practice notes

This Practice Note sets out the key issues for consideration when a contracting authority is considering the use of the innovation partnership procedure under the Public Contracts Regulations 2015. The Practice Note is also of use to bidders so that they can understand how procurements are run.

Public procurement—key considerations
Public procurement—key considerations
Practice notes

This Practice Note provides an overview for contracting authorities of key considerations and issues associated with public procurement under the Public Contracts Regulations 2015 and other relevant laws and guidance. The Practice Note is also of use to bidders for public contracts so that they can understand how public procurement exercises are run.

Public procurement—open procedure
Public procurement—open procedure
Practice notes

This Practice Note sets out the key issues for consideration when a contracting authority is considering the use of the open procedure under the Public Contracts Regulations 2015. The Practice Note is also of use to bidders so that they can understand how procurements are run.

Public procurement—restricted procedure
Public procurement—restricted procedure
Practice notes

This Practice Note sets out the key issues for consideration when a contracting authority is considering the use of the restricted procedure under the Public Contracts Regulations 2015. The Practice Note is also of use to bidders so that they can understand how procurements are run.

Tender notices—PA 2023
Tender notices—PA 2023
Practice notes

This Practice Note covers what a tender notice is and when it should be used, together with the information that must be contained in a tender notice commencing a covered procurement as prescribed by the Procurement Act 2023, the Procurement Regulations 2024 and associated guidance.

The ‘in-house’ (Teckal) and ‘co-operation agreement’ (Hamburg) exemptions
The ‘in-house’ (Teckal) and ‘co-operation agreement’ (Hamburg) exemptions
Practice notes

This Practice Note discusses the procurement implications in relation to arm’s length and shared services models used for public services. Alternative service delivery models are heavily used and developed in the public sector. This Practice Note focuses on the public procurement rules under regulation 12 of the Public Contracts Regulations 2015 as derived from the leading cases of Teckal and Hamburg. It focuses on breaking down the fundamental elements of the rules and case law on the in-house and co-operation exemptions.

The UK GDPR and DPA 2018 for insurers
The UK GDPR and DPA 2018 for insurers
Practice notes

This Practice Note provides an introduction to the basic data protection issues relevant to insurers when processing personal data under the UK General Data Protection Regulation (the UK GDPR) and the UK Data Protection Act (DPA 2018). It focuses on the data protection principles, lawful basis for processing, data subject rights and exemptions.

Other Work
Procurement Act 2023—key changes
Procurement Act 2023—key changes

This Checklist considers the key differences between PA 2023 and the PCRs. This is an overview of the key changes.

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