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Practice notes: Public Law
Practical Law UK Help and Information Notes 5-616-5558
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Practice notes: Public Law
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Practical Law Public Sector
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Practice notes currently available from Practical Law Public Law are listed below, under their relevant topics.
Administrative and constitutional law
Executive and legislative powers
Bringing a claim for misfeasance in public office
Central government: sources of powers
Constitutional legislation in the UK
Damages in judicial review
Decision-making by public bodies: avoiding legal challenge
Delegation of statutory powers
Devolution under the European Union (Withdrawal) Act 2018
Duty to consult: when does it arise and what does it entail?
Duty to give reasons
Extent and devolution
GAD passports and broad comparability: overview
Health and Social Care Act 2012: competition and economic licensing
Health and Social Care Act 2012: key powers and duties
Human Rights Act 1998: overview
Human rights law: an introductory guide for government and public bodies
Influencing draft legislation
Interpreting legislation under section 3 of the Human Rights Act 1998
Judicial review and public procurement
Key changes under the Health and Social Care Act 2012: a quick guide
Legitimate expectations
Localism Act 2011
Localism Act 2011: neighbourhood development orders
Mutualising public services
Proportionality: what does it mean and when does it need to be applied?
PSED (Equality Act 2010): significant cases
PSED: general public sector equality duty under section 149 of the Equality Act 2010
PSED: specific duties in England
PSED: specific duties in Scotland
PSED: specific duties in Wales
Public Bodies Act 2011
Public sector transparency programme and future transparency developments
Quasi-legislation: codes, guidance, orders, rules and directions
Resolving ambiguities in legislation
Shared services in the public sector: an introduction
Shared services in the public sector: key legal issues
Shared services in the public sector: structures for delivery
Simplifying EU laws: consolidation, codification and recasting
The legislative process in the UK and how Bills become law
Vicarious liability
The decision-making of public bodies in a pre-election period (previously known as "Purdah")
Exercising statutory powers
Acting as a legal adviser to a decision-maker
Capacity of local authorities to contract and the formalities for entering into contracts
Central government: sources of powers
Commissioning and conducting public investigations and inquiries
Decision-making by public bodies: avoiding legal challenge
Delegation of statutory powers
Ensuring a fair hearing
Human Rights Act 1998: overview
Human rights law: an introductory guide for government and public bodies
Interpreting legislation under section 3 of the Human Rights Act 1998
Key changes under the Health and Social Care Act 2012: a quick guide
Local government: exercising the power to trade commercially
Local government: statutory powers and duties and their proper exercise
Localism Act 2011
Localism Act 2011: neighbourhood development orders
Localism Act 2011: the general power of competence
Partnerships between local government and NHS bodies
Re-use of public sector information
The well-being power under the Local Government Act 2000
Judicial review
A practical guide to the judicial review procedure
An introduction to judicial review
Breach of EU law as a basis for relief in judicial review proceedings
Practice note, Challenging secondary legislation by judicial review
Costs in judicial review
Damages in judicial review
Decision-making by public bodies: avoiding legal challenge
Disclosure in judicial review
Duty to consult: when does it arise and what does it entail?
Duty to give reasons
Environmental judicial review
Judicial review and public procurement
Judicial review: a quick guide
Judicial review: third party interventions
Legitimate expectations
Local government: appointment of members and officers to external organisations
Proportionality: what does it mean and when does it need to be applied?
Public authority policy documents: drafting and challenging policy content
Urgent judicial review applications
Statutory construction
Breach of EU law as a basis for relief in judicial review proceedings
Central government: sources of powers
Commissioning and conducting public investigations and inquiries
Constitutional legislation in the UK
Delegation of statutory powers
EU law in the UK after Brexit
Extent and devolution
How the Budget becomes law
Influencing draft legislation
Interpreting legislation under section 3 of the Human Rights Act 1998
Public Bodies Act 2011
Quasi-legislation: codes, guidance, orders, rules and directions
Resolving ambiguities in legislation
Saving defective notices
Seeking a reference to the ECJ
Statutory interpretation and the doctrine of precedent
The legislative process in the UK and how Bills become law
The retrospective effect of the Human Rights Act 1998
Thirty Nine Essex Street Public Law Newsletters
COVID-19
Coronavirus Act 2020: public sector implications
Equality and human rights
Equality
Age discrimination (EqA 2010)
Age discrimination and employee share schemes
Default retirement age: implications of its abolition
Disability discrimination (EqA 2010)
Disability discrimination: reasonable adjustments (EqA 2010)
Disability discrimination: the definition of disability (EqA 2010)
Discrimination in employment: bringing and defending claims (EqA 2010)
Discrimination in employment: burden of proof (EqA 2010)
Discrimination in employment: compensation and other remedies (EqA 2010)
Discrimination in employment: exceptions (EqA 2010)
Discrimination in employment: overview (EqA 2010)
Discrimination in employment: who is protected and who is liable? (EqA 2010)
Equality Act 2010: education providers
Equality Act 2010: local government
Equality and Human Rights Commission
Fixed-term contracts
Gender diversity in boardrooms
Gender reassignment discrimination (EqA 2010)
Human Rights Act 1998: overview
Marriage and civil partnership discrimination (EqA 2010)
Part-time working
Pensions and discrimination claims
Pensions: age discrimination
Pregnancy and maternity discrimination (EqA 2010)
PSED (Equality Act 2010): significant cases
PSED: general public sector equality duty under section 149 of the Equality Act 2010
PSED: specific duties in England
PSED: specific duties in Scotland
PSED: specific duties in Wales
Race discrimination (EqA 2010)
Religion or belief discrimination (EqA 2010)
Sex discrimination (EqA 2010)
Sexual orientation discrimination (EqA 2010)
Vicarious liability
Volunteering and internships: employment law issues
Human rights
Article 1 of the first Protocol to the ECHR: protection of property
Article 6 of the ECHR: right to a fair hearing
Article 8 of the ECHR: right to respect for private and family life
Equality and Human Rights Commission
Human Rights Act 1998: overview
Human rights and property
Human rights law: an introductory guide for government and public bodies
Interpreting legislation under section 3 of the Human Rights Act 1998
Proportionality: what does it mean and when does it need to be applied?
School uniform, discrimination and religious rights
The Charter of Fundamental Rights of the European Union
The retrospective effect of the Human Rights Act 1998
Thirty Nine Essex Street Public Law Newsletters
What constitutes a public authority for the purposes of the Human Rights Act 1998
Information law
Access to environmental information
Aarhus Convention: summary and UK implementation
Appearing before the First-tier Tribunal (Information Rights): procedure and practical tips
Environmental Information Regulations 2004
Freedom of information
Public sector transparency programme and future transparency developments
Section 12 of FOIA: refusing to respond to an information request on grounds of cost
Data protection
Big data and data protection
Binding corporate rules
Comparison table between the Data Protection Directive and the draft Data Protection Regulation
Complying with the new cookie regime: practical steps
Cookies: UK issues
Cross-border transfers of personal data
Data protection and new technologies
Data protection and the internet
Data protection aspects of image rights
Data protection aspects of image rights (DPA 1998 version)
Data protection aspects of image rights (GDPR and DPA 2018)
Data protection issues on commercial transactions
Data protection law: how it applies to share schemes
Data security and data security breaches
Data subject access requests in employment
Developing a global privacy and data protection strategy
Developing a UK data protection strategy
Direct marketing
Direct marketing: a quick guide
E-marketing: a quick guide
Employer obligations under the Data Protection Act 1998
EU data protection regime proposals: analysis and noter-up
Freedom of information
Freedom of Information Act 2000: section 40 exemption for personal data (UK GDPR and DPA 2018)
Freedom of information and information provided in confidence: section 41 FOIA
GDPR and DPA 2018 exemptions and conditions: public sector
General counsel briefing: privacy and data protection
Legal aspects of managing big data
Monitoring e-mail and internet use of employees
Overview of EU data protection regime
Overview of UK data protection regime
Personal data security breach management in the public sector
Privacy implications of social-networking sites
Protection of Freedoms Act 2012: public sector implications
Public sector transparency programme and future transparency developments
Recording telephone calls and face-to-face meetings
Selling a database
Service providers, security and personal data breach notification
The use of consent in data protection
UK general counsel briefing: data protection
When is data "personal data" for the purposes of the Data Protection Act 1998?
Whistleblower Programs and EU Data Protection Law Compliance: Overview
Whither EU data protection reform? The current position and outlook
Freedom of information
Appearing before the First-tier Tribunal (Information Rights): procedure and practical tips
Environmental Information Regulations 2004
FOIA: model publication scheme
Freedom of information
Freedom of information: a quick guide
Freedom of Information Act 2000: section 40 exemption for personal data (UK GDPR and DPA 2018)
Freedom of information and information provided in confidence: section 41 FOIA
Protection of Freedoms Act 2012: public sector implications
Public sector transparency programme and future transparency developments
Re-use of public sector information
Section 12 of FOIA: refusing to respond to an information request on grounds of cost
Public procurement
General contract and boilerplate
Best or reasonable endeavours?
Children and the law
Claiming interest in construction disputes
Claims in negligence: an overview
Computation of time periods in banking transactions
Contracts: assignment
Contracts: authority
Contracts: capacity
Contracts: conditions precedent
Contracts: conditions, warranties and intermediate terms
Contracts: discharge of contracts
Contracts: entire agreement clauses
Contracts: express and implied terms
Contracts: force majeure
Contracts: formation
Contracts: frustration
Contracts: interpretation
Contracts: invalidity
Contracts: mistakes affecting formation and terms
Contracts: novation
Contracts: privity and third party rights and obligations
Contracts: rectification and other ways to correct mistakes
Contracts: structure and terms of commercial contracts
Contracts: subcontracts
Contracts: termination
Contracts: transferring rights and obligations
Contracts: variation
Contracts: waiver
Contributory negligence and contribution
Damages for breach of contract: an overview
Damages in tort: an overview
Electronic contracts, deeds and signatures
Enduring powers of attorney
Enforcing guarantees: guarantor's rights
Engagement letters
EU law in the UK after Brexit
Excluding or limiting liability for negligence
Execution of deeds and documents
Execution of deeds and documents by charities
Execution of deeds and documents by companies under Companies Act 2006
Execution of documents: Companies Act 2006
Expert determination
Extent and devolution
Fiduciary duties
General principles of insurance law
Governing law and jurisdiction clauses
Guarantees and indemnities
Guarantees: termination and discharge
Human Rights Act 1998: overview
Hybrid, multi-tiered and carve-out dispute resolution clauses
Interest clauses
Interest under the Late Payment of Commercial Debts (Interest) Act 1998
Joint, several and joint and several liability
Jurisdiction: an overview
Lasting powers of attorney
Limitation periods: an overview
Misrepresentation
Negligent misstatement
No loss and assignment: the development of the common law in the construction context
Notaries and notarisation
Notice clauses
Oaths, affirmations and statutory declarations
Powers of attorney
Pre-judgment interest on debts and damages
Primary sources
Professional negligence
Remedies: damages and agreed remedies
Remedies: equitable remedies
Remedies: restitution
Resolving ambiguities in legislation
Retention of title
Rome Convention: an outline of the key provisions
Rome I: an outline of the key provisions
Rome II: an outline of the key provisions
Saving defective notices
Seeking a reference to the ECJ
Set-off clauses
Statutory interpretation and the doctrine of precedent
The scope of a defendant's liability for negligence
Time of the essence
Trusts in commercial transactions
Variation of guaranteed obligations
Vicarious liability
Outsourcing
Best value: considerations in outsourcing
Best value: implications for employment law
Bribery Act 2010 anti-corruption policies
Bribery Act 2010: issues for employment lawyers
Bribery Act 2010: jurisdictional reach
Collaborative procurement: taking advantage of another authority's contract
Communications outsourcing
Due diligence in outsourcing
Main issues in outsourcing contracts
Multi-jurisdictional outsourcing
Offshore outsourcing
OGC model contracts
OGC model ICT agreement: a precedent for general outsourcing agreements in the public sector: key issues
Outsourcing agreements: drafting and negotiating employment indemnities and warranties
Outsourcing in the UK financial services sector: overview
Outsourcing: overview
Outsourcing: tax
Public procurement in the UK
Retention of employment model
Service levels and service credit schemes in outsourcing
Shared services in the public sector: an introduction
Shared services in the public sector: key legal issues
Shared services in the public sector: structures for delivery
Special issues in IT outsourcing
Subsequent-generation outsourcing
TUPE (1): when does TUPE apply?
TUPE (2): service provision changes and outsourcing
TUPE and tendering local authority service contracts
TUPE: overview
Partnership working
Best value: considerations in outsourcing
Best value: implications for employment law
Case study: Public sector participation in social enterprise organisation
Case study: Shared services IT project
Charitable incorporated organisation (CIO): an overview
Collaborative procurement: taking advantage of another authority's contract
Competitive dialogue procedure
Drafting specifications for services contracts (public sector)
Framework agreements let under the public procurement regime
Industrial and provident societies
Key changes under the Health and Social Care Act 2012: a quick guide
Local authority joint ventures
Local government: appointment of members and officers to external organisations
Local government: powers to participate in external organisations
Localism Act 2011
Mutualising public services
OJEU notices
Part B, below threshold and other procurements outside the regulations
Partnership working between the public sector and the third sector
Partnerships between local government and NHS bodies
PPP/PFI in the UK
Procuring public concession contracts
Public procurement in the UK: a quick guide
Public sector transparency programme and future transparency developments
Public to public collaboration and the procurement rules
Retention of employment model
Secondment agreements
Shared services in the public sector: an introduction
Shared services in the public sector: key legal issues
Shared services in the public sector: structures for delivery
Social enterprises: legal structures
TUPE and tendering local authority service contracts
Volunteering and internships: employment law issues
PFI/PPP
Academies established under the Education Act 1996: property and construction issues
Best value: implications for employment law
Change mechanisms and variations to PFI contracts
Collateral warranties or third party rights: construction management
Collateral warranties or third party rights: design and build procurement
Collateral warranties or third party rights: management contracting
Collateral warranties or third party rights: traditional procurement
EU Public procurement rules: overview
NEC: The NEC3 suite of contracts
OGC model contracts
Partnering or alliancing on a construction or engineering project
PFI and PPP: a glossary of common terms
PFI documents
PPP/PFI in the UK
Procurement route: construction management
Procurement route: construction procurement on a PFI project
Procurement route: design and build procurement
Procurement route: EPC or split EPC
Procurement route: management contracting
Procurement route: multi-contracting
Procurement route: traditional procurement
Procurement: an overview of common construction procurement methods
Procuring public concession contracts
Project finance: UK law overview
Public procurement in the UK
Retention of employment model
Varying public contracts
Public procurement
Academies established under the Education Act 1996: property and construction issues
Academies established under the Education Act 1996: overview
Academies under the Academies Act 2010: overview
Advertising on the UK e-notification service: Find a Tender
Application of procurement to NHS healthcare
Ask the team: public procurement FAQs
Additional requirements for below and above threshold contracts (Part 4, PCR 2015)
Best value: considerations in outsourcing
Best value: implications for employment law
Brexit: implications for public procurement law
Case study: Public sector participation in social enterprise organisation
Case study: Shared services IT project
Change mechanisms and variations to PFI contracts
Collaborative procurement: taking advantage of another authority's contract
EU Public procurement rules: overview
Competition regime: State aids
Competitive dialogue procedure
Concession Contracts Directive: Directive 2014/23/EU delegated and implementing acts
Concessions Contracts Regulations 2016: procuring concessions contracts
Construction sub-contracts in PFI and PPP projects: common issues
Debarment from public contracts and the Bribery Act 2010
Drafting specifications for services contracts (public sector)
Dynamic purchasing systems
Evaluation of tenders
Framework agreements
Framework agreements let under the public procurement regime
Impact of the public procurement regime on development agreements
JCT Public Sector Supplement
Judicial review and public procurement
Light touch public procurement regime (PCR 2015)
Local authority joint ventures
Localism Act 2011: community right to challenge
Negotiated procedure without prior publication of a notice
New and revised public procurement procedures (PCR 2015)
New remedies in public procurement law
OGC model contracts
OGC model ICT agreement: a precedent for general outsourcing agreements in the public sector: key issues
OJEU notices
Open source software in the UK public sector
Part B, below threshold and other procurements outside the regulations
Partnership working between the public sector and the third sector
Partnerships between local government and NHS bodies
PFI and PPP: a glossary of common terms
PFI documents
PPP/PFI in the UK
Procurement reforms and e-procurement
Procurement route: construction procurement on a PFI project
Procuring public concession contracts
Public Contracts Directive: Directive 2014/24/EU delegated and implementing acts
Public procurement in the UK
Public procurement in the UK: a quick guide
Public procurement procedures: a quick guide
Public Procurement Reform Package: legislation trackers
Public sector transparency programme and future transparency developments
Public to public collaboration and the procurement rules
Reform of the EU public procurement regime
Retention of employment model
Selection criteria and pre-qualification questionnaires (PQQs)
Shared services in the public sector: an introduction
Shared services in the public sector: key legal issues
Shared services in the public sector: structures for delivery
Social enterprises: legal structures
Structure of a public procurement: a quick guide
Sustainable procurement
TUPE and tendering local authority service contracts
Utilities Directive: Directive 2014/25/EU delegated and implementing acts
Utilities procurement in the UK: an introduction
Varying public contracts
Public sector pensions
Contracting out of the state second pension: overview
GAD passports and broad comparability: overview
Managing pensions risk in local authority outsourcing transactions
Overview of pension schemes in the public sector
Public-sector pension schemes: outsourcing
State aid
Competition regime: State aids
EU enlargement and competition law
TUPE
Asset purchase agreements: drafting and negotiating employment indemnities and warranties
Best value: implications for employment law
Buying the business and assets of an insolvent company
Data protection issues on commercial transactions
Due diligence and post-completion integration for acquisitions in the UK (England and Wales)
Electing employee representatives
Employee due diligence issues on transactions
Employment: asset purchases
Employment: intra-group reorganisations
Employment: joint ventures
Outsourcing agreements: drafting and negotiating employment indemnities and warranties
Pension rights on a TUPE transfer: a quick guide
Practical employment considerations of buying an insolvent business
Retention of employment model
TUPE: future changes
TUPE (1): when does TUPE apply?
TUPE (2): service provision changes and outsourcing
TUPE (3): the automatic transfer principle
TUPE (4): changing terms of employment
TUPE (5): protection against dismissal
TUPE (6): obligations to inform and consult
TUPE (7): insolvent businesses
TUPE (8): application to property transactions
TUPE and collective redundancy consultation: dealing with the overlap
TUPE and tendering local authority service contracts
TUPE: overview
Warranties and indemnities: acquisitions
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5-616-5558
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