ID 5827200 - DfE- Invest NI Legal Service Framework

All aspects of contracts and contract law, including commercial contracts and other commercial agreements, including but not limited to Drafting, advising and negotiating on commercial contracts (including but not limited to goods and services, novation’s, assignments, MoU’s , joint venture agreements and grants) and advising on grant funding.

All aspects including advice, support and where appropriate legal representation in areas such as Drafting and advising on guarantees, loan documentation and finance arrangements and Court proceedings relating to corporate finance, debt recovery and insolvency. Also All aspects of debt recovery including bankruptcy and liquidation, Application of insolvency legislation and Post-decree enforcement including EJO processes and Banking/corporate finance advice.

All aspects of real estate and real estate finance including but not limited to Disposal, purchase and re/development of Land/Property including construction documentation, Compulsory acquisition of land, compensation law and representation at Lands Tribuna,

• Business Tenancies (Northern Ireland) Order 1996, advice including references to the Lands Tribunal for Northern Ireland and Advice and representation in relation to possession proceedings.

In addition, advice, support and where appropriate legal representation in areas such as Environmental law issues, Rateable Valuation Appeals, Rent arrears, Tenancy agreements, Planning law and procedure, Adverse possession/ trespass cases, Property damage claims.

All aspects, including advice, support and where appropriate legal representation in areas such as but not limited to:

• Drafting and updating of Fund Management Agreements including Partnership and Management Services Agreements, Fund Management Structures and advice on UK/EU Regulation in respect of same;
• Share transaction advice, including investment agreements, shareholder agreements, follow-on investment advice and exit advice;
• Regulatory Advice, (including FCA, application of Financial Services & Markets Act 2000 and Alternative Investment Fund Managers Directive);

•

VC specific corporate finance:

• Drafting loan agreements, including security an inter-creditor documentation

Also including:

All aspects of partnership law including but not limited to:

• contentious and non-contentious partnership and limited partnership matters;
• directors’ duties;
• company secretarial services;
• operating and partnership agreements, mutual arrangements;
• securities and governance matters; and
• restructuring of ownership and complex and innovative legal structures and initiatives;
• Government joint ventures.

All aspects including advice and support in respect of intellectual property law including but not limited to:

• contentious and non-contentious support and advice relating to patents, copyright, trademarks, trade secrets and rights in confidential information, database rights, design rights, and other forms of intellectual property;
• assignment and licensing of rights and commercialisation and exploitation of intellectual property;
• drafting and reviewing technology licences, software and technical cooperation and development agreements;
• brand licensing, sponsorship and franchising agreements.

All aspects including advice and support in respect of data protection and information law including but not limited to:

• the law surrounding the use and control of information by public and private sector bodies, including domestic and EU data protection legislation;
• international data transfers;
• data protection laws, data requests and complying with the principles of transparency; and
• Freedom of Information
• Environmental Information Regulations.

All aspects of employment law, including advice, support and where appropriate legal representation and attendance including but not limited to:

• non-contentious employment matters relating to attendance management, performance management, TUPE, redundancies, restructuring, outsourcing, changes in terms and conditions, and reorganisations; and
• Contentious claims in the Industrial Tribunals and Fair Employment Tribunals and related appeals
• Advice on issues relating to unlawful discrimination including bullying and harassment, disability and
• implementation of Equal Opportunity policies and procedures
• Disciplinary and grievance policy and procedures
• TUPE
• Termination of employment
• Complaints relating to Section 75 of the Northern Ireland Act

In addition advice, support and where appropriate legal representation in areas such as:

• Redundancies and severance payments
• Collective industrial relations;
• Legal aspects of recruitment;
• Terms and conditions of employment;
• private and public sector pension schemes;
• pensions litigation;
• regulatory compliance;
• trusteeship; and
• other employee benefits.

All aspects including advice, support and where appropriate legal representation including but not limited to areas such as Competition Law, Subsidy Control and legacy State Aid advice.

All aspects including advice, support and where appropriate legal representation in areas such as:

• EU / UK procurement regime and all stages of the public procurement lifecycle and application of the Public Procurement Act 2023, Public Contracts Regulations 2015 (as amended) the Concessions Contracts

Regulations 2016 (as amended) and the Utilities Contracts Regulations 2016 (as amended);

• Drafting tender and contract documents;
• The evaluation and award processes;
• Contract modification and contract performance;
• Provision of legal advice and representation in respect of disputes and legal challenges that may arise.

All aspects of public law including but not limited to:

• INI corporate governance and vires queries;
• inquiries and judicial reviews;
• public regulatory law; and
• Public Enquiries
• devolved powers of Northern Ireland Assembly and sub-national devolution;
• local government law.

All aspects of energy, natural resources and climate change including but not limited to:

• Electricity, gas, energy efficiency, energy storage, and linkages with other energy markets;
• Energy Regulations and associated legislative and licensing requirements;
• Renewable and Non Renewable;
• Oil and Gas;
• Waste and Resource Management.

Advice, support and where appropriate legal representation in all of the areas of law outlined within this specification. This will include but not be limited to:

• Pre-action correspondence and advice in respect of civil litigation;
• Providing legal opinions as required in respect of litigation options and likelihood of success;
• Advice and support throughout court processes including attendance at court on behalf of Invest NI, instructing Counsel on behalf of Invest NI and preparation of all relevant court documentation;
• Binding and non-binding alternative dispute resolution processes such as negotiation / mediation / conciliation / adjudication and arbitration.