DAC Beachcroft
19 Experts
4 Contributions by DAC Beachcroft
PRACTICE NOTES
Termination
The NEC contracts set out detailed termination provisions, identifying when parties may terminate and the resulting effects and procedures, though they are less far-reaching than those included in JCT contracts.
Under NEC, it is the Contractor’s obligation to Provide the Works that is ended, not the contract, and this deliberate distinction ensures, as intended by the drafting, that post-termination provisions continue to operate.
Even once that obligation ends, in some circumstances specified by the contract the Contractor must reimburse the Client for additional costs of completing the works.
This Practice Note addresses clauses in the NEC3 and NEC4 Engineering and Construction Contract, with comparable terms across other NEC contracts, and should be read with Practice Note: Termination of a construction contract to provide context.
For termination guidance under the NEC Professional Service Contract and the NEC Supply Contract, see the respective Practice Notes: NEC
Construction
PRACTICE NOTES
If a party to a construction contract enters insolvency, the consequences are governed by the Insolvency Act 1986 (IA 1986). Nonetheless, the contract itself may expressly set out what should occur if a party, most commonly the contractor, becomes insolvent. With the introduction of the Corporate Insolvency and Governance Act 2020 (CIGA 2020), suppliers are barred from using contractual termination rights that arise because of insolvency, by virtue of section 233B of the IA 1986. CIGA 2020 is a notable reform of UK insolvency law and may influence supply chains across the construction sector. These statutory provisions operate alongside any express terms within the agreement that address insolvency events for either party, in particular where the contractor is concerned.
The IA 1986
The IA 1986 addresses both the bankruptcy of individuals and the winding up of companies. Where an individual contractor is made
Construction
PRACTICE NOTES
Termination of a construction contract
A construction contract can be brought to an end—discharged, terminated or determined—in several ways. Chief routes include:
performance
mutual agreement or release
misrepresentation or fraud (see Practice Note: Misrepresentation—rescission as a remedy)
frustration (see Practice Note: Discharge by frustration)
at common law for a repudiatory breach of contract (repudiation)
exercising a contractual right to terminate, for example:
for breach of contract
at will
on insolvency
This Practice Note considers ending a construction contract at common law for repudiatory breach, and termination under an express contractual power either for breach or on an at-will basis. For guidance on ending for insolvency, see Practice Note: Termination on insolvency in
Construction
PRACTICE NOTES
JCT contracts include comprehensive rules on termination, explaining the grounds on which parties may end matters and the effects that follow. Under these forms, it is the Contractor’s employment that is brought to an end, rather than the contract itself. This distinction is intended to ensure the contract’s post-termination provisions remain operative after termination. This Practice Note addresses the termination clauses in the JCT Standard Building Contract (SBC) With Quantities 2011, 2016 and 2024 editions, found in section 8 of those agreements. Equivalent mechanisms also appear in other JCT contracts. It should be read in conjunction with Practice Note: Termination of a construction contract. Termination should always be approached with great care. If a termination is wrongful, or if the prescribed procedures are not followed precisely, the attempt to terminate may amount to a repudiatory breach of contract by the party seeking to do so.
Construction
23 Contributions by DAC Beachcroft Experts
PRACTICE NOTES
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note offers advice for public procurement exercises started before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. Procurements within scope that commence on or after that date are subject to PA 2023. Under the Act’s transitional and savings provisions, the former public procurement regimes remain in operation as needed so contracting authorities can finalise and manage procurements initiated before PA 2023 took effect (ie procurements that are still ongoing). This Practice Note should be read on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic, see: Procurement Act 2023—overview.
Public procurement under the Public Contracts Regulations 2015
Under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, a
Public Law
PRACTICE NOTES
STOP PRESS
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) apply. Any procurement launched on or after that date must proceed under PA 2023. Exercises started under the earlier rules—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 run and administered in line with those regimes. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This material concerns the Procurement Act 2023 framework. It offers practical guidance on public procurement governed by PA 2023. For hands-on guidance on procedures under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, see the Practice Notes: Public procurement—open procedure—pre-PA 2023; Public procurement—restricted procedure—pre-PA 2023; Public procurement—competitive procedure with negotiation—pre-PA 2023; Public
Public Law
PRACTICE NOTES
Brexit, and public procurement reform
The UK’s public procurement framework stems from EU procurement rules and, as a result, was touched by the UK’s departure from the EU—though only in a limited way. In substance, procurement law in the UK has largely carried on with only minor alterations, pending the arrival of the forthcoming procurement reform. For more detail, see Practice Note: Public procurement reform. The Public Procurement (Amendment etc) (EU Exit) Regulations 2020 amended and revoked elements of procurement legislation to resolve practical issues arising from Brexit, and to ensure the system continued to function effectively once the UK had left the EU and the related transitional arrangements concluded at 11 pm on 31 December 2020 (IP completion day). Those changes formed part of the broader domestic legislative programme associated with Brexit, introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). Some of the
Public Law
PRACTICE NOTES
CPR PD 51ZB
This Practice Note reviews CPR PD 51ZB, covering a pilot designed to trial an online route for County Court damages actions in cases where each side is represented by a registered legal representative. Cases are administered through the Damages Claims Portal (DCP), an online platform. The pilot operates from 28 May 2021 to 1 October 2026 (CPR PD 51ZB, para 1.3). It forms part of the broader HM Courts and Tribunals Service (HMCTS) reform programme; further details appear on GOV.UK—Modernising courts and tribunals: benefits of digital services. The DCP offers a complete, end‑to‑end digital pathway for handling eligible County Court damages claims. Also see the following Practice Notes:
Online Civil Money Claims pilot scheme—CPR PD 51R—background on the Online Civil Money Claims (OCMC) pilot, delivering an online route for County Court specified money claims under CPR PD 51R
Online County Court
Dispute Resolution
PRACTICE NOTES
STOP PRESS
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Procurements commenced on or after that date must be conducted under PA 2023, while those launched under earlier rules — 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 overseen in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 (PA 2023). PA 2023 introduces dynamic markets. The concept is not new; dynamic markets replace dynamic purchasing systems (DPSs), which were included in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For practical guidance on DPSs, see
Public Law
PRACTICE NOTES
FORTHCOMING CHANGE:
On 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurement launched on or after that date must follow PA 2023, while procedures begun under earlier regimes—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 run and administered under those rules. See Practice Note: Introduction to the Procurement Act 2023.
PCR 2015 as assimilated law
As EU-derived domestic legislation, PCR 2015 constitute 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.
FORTHCOMING CHANGE:
From 24 February 2025, Procurement Policy Note (PPN) 015 supersedes PPN 10/23 with updated guidance on evaluating suppliers’ payment approaches when procuring major
Public Law
PRACTICE NOTES
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note provides general guidance for public procurement activities launched before the Procurement Act 2023 (PA 2023) came into force and effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the earlier procurement regimes continue to operate as appropriate insofar as necessary for contracting authorities to finalise and oversee procurements initiated prior to commencement (ie procurements still ongoing). This Practice Note ought to be read on that footing. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance concerning PA 2023 is provided elsewhere in a separate subtopic: Procurement Act 2023—overview.
Public procurement under the Public Contracts Regulations 2015
A contracting authority is required to apply one of the five
Public Law
PRACTICE NOTES
IMPORTANT NOTE:
The provisions of the Data (Use and Access) Act 2025 (DUAA 2025) are being introduced in stages. You should therefore check whether the specific provision in question has been commenced by the relevant commencement regulation.
This Practice Note outlines the core data protection considerations for insurers when handling personal data under the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 (DPA 2018) and DUAA 2025. It highlights the data protection principles, lawful bases for processing, data subject rights and applicable exemptions. For a fuller overview of the UK GDPR, see Practice Note: The UK General Data Protection Regulation (UK GDPR).
The insurance market is notably rich in data. Insurers depend on collecting and processing personal data for key operations such as pricing premiums, detecting fraud and administering claims. Nevertheless, the sector’s complexity and, in
Insurance & Reinsurance
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) came into force. Procurements launched on or after that date must be conducted under PA 2023. Procurements initiated under the previous frameworks—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 let and managed in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content concerns the Procurement Act 2023 regime and offers practical guidance on public procurement under PA 2023.
For practical guidance on procedures used under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, see the following Practice Notes:
Public procurement—open procedure—pre-PA 2023
Public procurement—restricted procedure—pre-PA 2023
Public
Public Law
PRACTICE NOTES
This practical guidance concerns the position before the Procurement Act 2023. It addresses public procurement exercises launched prior to the Act (PA 2023) taking effect on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Transitional and savings provisions preserve the former procurement regimes insofar as needed for contracting authorities to finalise and manage procurements begun before commencement of PA 2023 (ie ongoing procurements). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic: Procurement Act 2023—overview.
Public procurement under the Public Contracts Regulations 2015
Unless an exemption applies—for example, where the contract value is below the relevant financial threshold—a contracting authority must adopt one of the five permitted procurement procedures set out in the
Public Law
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Procurements launched on or after that date must follow PA 2023, while those initiated under the earlier regimes must continue to be procured and overseen under those rules, namely:
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law.
Where a contracting authority lets a public contract above the relevant financial threshold, it must adopt one of the
Public Law
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) have commenced. Procurements started on or after that date must be conducted pursuant to PA 2023, while procedures initiated under the earlier 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 run and overseen in line with those regimes. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers.
PCR 2015 as assimilated law
PCR 2015 constitute EU-derived domestic legislation and are 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.
The public procurement regime
The domestic public procurement regime is founded on several sets of
Local Government
PRACTICE NOTES
STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force.
Procurements starting on or after that day must proceed under PA 2023, while exercises commenced under the prior regimes—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 run and administered in line with those rules. See also Practice Note: Introduction to the Procurement Act 2023—PA 2023. The Procurement Act 2023 (PA 2023) takes effect on 24 February 2025 and governs all public procurements that begin on or after that date. The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, will remain the framework for procurements launched on or before 23 February 2025, together with the contracts that follow. For more detail on the
Public Law
PRACTICE NOTES
FORTHCOMING CHANGE:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurement launched on or after that date must follow PA 2023, while procedures commenced under the earlier regimes—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 run and managed under those rules. See Practice Note: Introduction to the Procurement Act 2023.
PCR 2015 as assimilated law
PCR 2015 constitute EU-derived domestic legislation and therefore form 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.
FORTHCOMING CHANGE:
With effect from 24 February 2025, Procurement Policy Note (PPN) 015 replaces PPN 10/23 with updated guidance on assessing suppliers’ payment
Public Law
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023. Procurements started under the earlier frameworks—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 run and overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. Under this regime, tender notices replace contract notices under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For practical guidance on contract notices under PCR 2015, see Practice Note: Prior information notices and contract notices.
What is a tender
Public Law
PRACTICE NOTES
STOP PRESS
As of 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Procurements commenced on or after this date must proceed under PA 2023, while those started under earlier regimes must continue to be procured and managed in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
PCR 2015 as assimilated law
PCR 2015 are EU‑derived domestic legislation and therefore constitute 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.
The drive to identify alternative service delivery models that enhance efficiency and effectiveness in the public sector is
Local Government
PRACTICE NOTES
Over a comparatively brief span, deploying tools to award public contracts has become routine and broadly established practice. As a result, professionals engaged in public procurement, within contracting authorities and among suppliers, must possess at least a basic understanding of these tools, and many bodies now hire experts specifically to manage this part of the lifecycle within their organisations. This Practice Note explores how such tools are being developed and applied for sourcing across the public sector—meaning the steps culminating in the award of a public contract or framework agreement (commonly termed ‘e-Sourcing’). The discussion covers e-Auctions and Dynamic Purchasing Systems (DPS) used for sourcing. It is also worth highlighting that electronic tools can ‘e-Enable’ other activities, particularly ‘Purchase-to-Pay’ (P2P)—the transactional sequence of approving and placing orders (under contracts and framework agreements), receiving invoices, and settling payment for goods or services.
Public Law
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) are in effect. Competitions launched on or after that date must proceed under PA 2023, while procurements initiated under earlier regimes — 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 run and administered under those rules. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law.
Scope and application of the Utilities Contracts Regulations 2016
The Utilities Contracts Regulations 2016 (UCR 2016) gave effect to
Public Law
PRACTICE NOTES
This practical guidance relates to the Procurement Act 2023 regime
As of 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are operative. Competitions started on or after that date must proceed under PA 2023, while those launched under the prior instruments—the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be conducted and administered in accordance with that framework. This guidance concerns vertical and horizontal public procurement under PA 2023. For further background, see Practice Notes: Introduction to the Procurement Act 2023—PA 2023 and Procurement Act 2023 transitional and saving arrangements—PA 2023. For practical guidance on vertical arrangements (previously referred to as ‘Teckal’ or ‘in-house’ arrangements) and horizontal
Public Law
PRECEDENTS
1 Policy statement
1.1 The Company is dedicated to realising gender equality across our organisation and to putting in place sustained measures that will meaningfully advance progress in narrowing the gender pay gap. We acknowledge the value of building a more inclusive and supportive workplace and of assisting employees at varied life stages, including colleagues experiencing menopause.
2 Plan summary and scope
2.1 Plan period: [ insert period, eg April 2026–March 2027 ]
2.2 Executive sponsor: [ insert name ]
2.3 EDI lead/plan owner: [ insert name ]
2.4 Geographical scope: UK
2.5 Plan objectives: [ insert details ]
3 Legal and policy framework
3.1 Under the Employment Rights Act 2025, employers with more than 250 employees will face a statutory duty to develop an action plan addressing specified matters relating to gender equality, ie:
3.1.1 tackling the gender pay gap; and
Employment
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