The purpose of this tender exercise is to appoint a number of individual providers, each operating under a framework agreement (‘the Framework Agreement’) to a panel of firms (‘the Panel’) in relation to lots 2-7 described in 4.3 below. Note that a single supplier will be appointed to Lot 1 only. The panel/single supplier for each lot may, subject to what follows, provide legal services to the Council in accordance with the requirements for that lot during the term of the framework agreement. The legal department of the council is responsible for the day to day administration of this agreement.

Unfair dismissal claims

Claims under the equalities Act 2010

Breach of contract claims

Claims arising from TUPE

Claims arising under any other jurisdiction of the employment tribunal.

Any employment litigation arising outwith the employment tribunal, whether in the sheriff court, court of session or otherwise

Advice and representation in relation to any appellate proceedings associated with the above whether in the EAT, Court of Session or Supreme Court

Any matter relating to the settlement or compromise of any such claims.

To advise and assist the Council in relation to any requirement it may have regarding:

Corporate/commercial legal services

Contentious and non-contentious construction law

Planning, roads and environment law

Local government and public law and

Complex, high value or novel property law and conveyancing (excluded from the scope of the General Conveyancing Lot (Lot 6))

General commercial contracts/ICT contracts

Procurement and state aid

Information/data protection

Governance of external organisations/partnerships

Planning, environmental and roads law

Property law and conveyancing

Corporate projects.

Reparation actions in the Sheriff Court, All Scotland PI Court and Court of Session provision of an Edinburgh Agency Service to conduct, or assist with the conduct of, proceedings in the Court of Session and All Scotland PI Court

Pursuing or defending general litigation actions raised by or against the Council in the Sheriff Court and Court of Session

Raising and/or defending Judicial Review proceedings

Conducting and advising on appellate proceedings

Matters within the jurisdiction of statutory tribunals, including but not limited to the mental health tribunal for Scotland and the additional support needs tribunal for Scotland but excluding Employment Tribunals

Summary applications raised against the Council under various statutes including but not limited to licensing appeals

Summary applications raised by the Council including but not limited to anti-social behaviour orders

Pursuing or defending actions for debt raised by or against the Council.

Heritable actions for recovery of possession in the Sheriff Court.

To advise and assist the Council on its statutory rights and responsibilities in relation to children and young persons, and to provide advice and representation as required. Working with the Council’s in-house legal team or directly on the instruction of social work services, as required.

This lot includes but is not restricted to the following

Child Protection Order applications and other proceedings under the Children’s Hearing (Scotland) Act 2011

Permanence order applications and other proceedings under the Adoption and Children (Scotland) Act 2007

Proceedings under the Children (Scotland) Act 1995

Proceedings under the Children and Young People (Scotland) Act 2014

The provision of advice and training to social work employees on the above.

Disposals, acquisitions, leases (acting for landlord or tenant), securities title reports and diligence, completion of title, and other contracts relating to property.

Advising on all contentious and/or non-contentious construction matters, including but not limited to: construction contracts (all industry standard terms (eg NEC, SBCC) and specialist/bespoke contracts), partnership contracts, agreements with statutory infrastructure bodies (eg Network Rail and Scottish Water), collateral warranties, sub-contracts, sub-contractor appointments, professional appointments, parent company guarantees, performance bonds.

Carrying out pre-court and preparatory work including revising papers forwarded from schools, providing advice, taking precognition, identifying and lodging productions.