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Procurement Act 2023—key changes

Procurement Act 2023—key changes STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. Introduction The Procurement Act 2023 (PA 2023) is the new legislation that will govern public procurement. It will replace the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848. On 12 September 2024, the government announced that the go-live date for PA 2023 will be delayed until 24 February...

Public procurement proceedings for opposing debarment in the High Court—checklist

Public procurement proceedings for opposing debarment in the High Court—checklist STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. This Practice Note sets out the general process by which an economic operator defined as ‘any person or public entity or group of such persons and entities, including any temporary...

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Compulsory purchase order (CPO)—flowchart

Compulsory purchase order

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Challenging court jurisdiction—general principles

This Practice Note considers the general principles to consider when challenging or disputing the court’s jurisdiction. A challenge may be brought on the basis that either the court does not have territorial jurisdiction or, where it does, that the court should exercise its discretion not to accept jurisdiction in the matter, eg on the basis of forum non conveniens. The grounds available for challenging the court’s jurisdiction are considered as well as whether a stay must or may be sought in favour of proceedings commenced in a country outside the UK. The Practice Note identifies how to make a challenge either prior to or following commencement of proceedings and explains what is meant by the term ‘jurisdiction’ for the purposes of CPR 11. It also covers challenging court jurisdiction within the UK as well as the interplay between CPR 11 and the Defamation Act 2013 (DA 2013).For detailed guidance on issues relevant when dealing with challenging court jurisdiction, see Practice Notes:•Challenging court jurisdiction—has a party submitted to a jurisdiction?•Challenging court...

Resisting enforcement of an adjudication decision

Produced in association with 4 Pump Court.This Practice Note provides a summary of the options available to a party wishing to prevent enforcement of an adjudication decision, while also highlighting grounds that have failed or been rejected by the court.The courts take a pro-enforcement approach to adjudication decisions, and as set out below the circumstances in which a decision will not be enforced (or a stay of execution granted) are limited. Summary of grounds for resisting enforcementThe court will only refuse to enforce an adjudicator's decision, or grant a stay of execution, in very limited circumstances:•the adjudicator did not have jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication)•there was a serious breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication)•the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution)•fraud during the adjudication (see Practice Note: Fraud in adjudication)•the responding party brings Part 8...

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ET3 grounds for resisting claim — indirect age discrimination

ET3 grounds for resisting claim — indirect age discrimination [Insert in para 6.1 of response form ET3:] 1 It is admitted that the Respondent operates a criterion or practice whereby it expects applicants for jobs in the [specify department] to demonstrate at interview a reasonable proficiency in computing skills. 2 It is accepted that this requirement puts persons in the Claimant’s age group [over 60] at a particular disadvantage compared with those under the age of [40]. It is further accepted that it disadvantaged the Claimant who, at interview for the [specify position], showed that he had no computing skills at all, and

Will—unmarried, divorced, separated with children, no partner

Will—unmarried, divorced, separated with children, no partner STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. 1 Revocation I [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far only as they affect my property of every...

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Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction?

Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction? An unincorporated association: • is an organisation formed when two or more persons (the members) carry on activities together for a common purpose • does not operate for the purpose of generating profit • is not a separate legal entity from its members and officers, which means that the officers and members are personally liable for the debts and obligations of the association, and • may not enter into contracts, own assets, sue or be sued in its own name The members agree how the unincorporated association is to be governed and run by creating a set of association rules, functioning in a similar way to a company’s articles of association. The relationship between members is, therefore, contractual and based on the provisions of the rules...

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor?

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor? The requirements of the Landlord and Tenant Act 1954 Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for limited security of tenure for business tenancies. The detail of what tenancies benefit from this protection and how the protection operates are outside the scope of this Q&A. LTA 1954, s 38A(1) provides that it is permissible for the parties to contract out of that regime, but LTA 1954, s 38A(3) provides that such an agreement to contract out will be void unless certain requirements are met. The substance of the requirements is contained in the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (the 2003 Order), SI 2003/3096, Sch 2. A notice in the prescribed form must be served. If that...

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Family weekly highlights—8 May 2025

This week’s edition of Family weekly highlights includes details of the changes to the HMCTS Family Public Law service to improve the Form C110a application journey and a speech delivered by the Master of the Rolls, Sir Geoffrey Vos, at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System in resolving disputes, together with the new Online Procedure Rules (Specified Proceedings) Regulations 2025. The Court of Appeal’s clarification of whether a local authority with a care order for a child can consent to that child's confinement is analysed. Recent judgments, including the application for the appointment and funding of a lay advocate and declaration of non-parentage post-adoption are included.

Local Government weekly highlights—8 May 2025

This week's edition of Local Government weekly highlights includes: coverage of the UK-India free trade agreement which highlights a landmark deal projected to open access to India’s £38bn public procurement market. Also included in this edition is expert analysis on the decisions in Trower v Elmbridge BC, where the court found a Public Spaces Protection Order (PSPO) prohibiting unauthorised riverbank mooring to be irrational and Laidley v Metropolitan Housing Trust Ltd, where the Court of Appeal upheld the trial judge’s refusal to disclose the nature of the advice provided by a mental health expert appointed under section 63 of the County Courts Act 1984, affirming the appropriateness of maintaining confidentiality around the assessor’s assistance in complex mental health-related proceedings. Case reports include J v Bath and North East Somerset Council (Article 39/Mind and others intervening) in which the court ruled that an LA as an organ of the state cannot provide valid consent to a child’s confinement; Haringey LBC v M and Re A Child, addressing adoption and parental rights;...