GCC006266CPU - Provision of Legal Services

The purpose of this tender exercise is to appoint a number of individual providers, each operating under a multi-lot framework agreement for the Provision of Legal Services. The finalised Framework Agreement will be used to complement the Council’s internal Legal Services Department where expertise and/or additional resource is required externally.

To provide advice and assistance to the Council on all aspects of civil litigation, including representation at courts and tribunals as required. This lot will include but is not limited to the following: Reparation actions in the Sheriff Court, All Scotland Sheriff 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 Sheriff 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 First Tier Tribunal for Scotland Health and Education Chamber, the jurisdiction of which includes Additional Support Needs, references in terms of the Education (Additional Support for Learning)(Scotland) Act 2004 and claims under the Equality Act 2010, but excluding Employment Tribunals; Advice and Representation in the Upper Tribunal as required; Summary Applications raised against the Council under various statutes including but not limited to licensing appeals.

This would also include education placing requests appeals in terms of the Education (Scotland) Act 1980 and seeking orders under the Adults with Incapacity (Scotland) Act 2000 where the in-house team do not have capacity; 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; Property litigation matters (including but not limited to debt management); Advice and representation in relation to education prosecutions raised under the Education (Scotland) Act 1980; Advice and representation in any education proceedings which do not fall within the jurisdiction of the courts or tribunals. For example, complaints raised in terms of Section 70 of the Education (Scotland) Act 1980 or Dispute Resolution proceedings raised in terms of the Education (Additional Support for Learning) (Scotland) Act 2004.

Advice can include, but is not limited to, pre-court discussions, preparatory work including revising papers, taking precognitions, identifying and lodging productions and raising or defending proceedings. Representation will include, but is not limited to, attendance at any procedural hearings, diets, case management calls and other hearings.

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

To provide general and/or specific advice and guidance on all aspects of property law; and to assist with and/or carry out on behalf of the Council or an ALEO property transactions (including where the matter is of a routine or complex nature and/or lower/high value). This will include (but is not limited to): disposals; acquisitions; leases (acting for landlord or tenant) and lease management transactions; securities; title examinations, due diligence and reporting exercises; completion of title and voluntary registrations; and other work relating to property.

It may also include in some cases work requiring specialist property expertise (for example, in areas such as telecoms, utilities and renewables). To advise and assist the Council in relation to any requirement it may have regarding contentious and/or non-contentious construction law.

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, and construction disputes (litigation, adjudication and arbitration). To provide advice and representation on all aspects of employment law including, but not limited to, the matters listed in the scope of requirements below: 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 Employee and industrial relations, including terms and conditions of employment, industrial action and all matters relating to Trade Unions