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Legal Analysis

What is a Contract ?

what is a contract

Contracts are are used to establish legally binding agreements between parties which can written or oral. Contracts can be simply described as a promise enforceable by law.

In the UK, contracts are governed by the common law, which is a body of law that is derived from judicial decisions rather than legislation.

This article will provide an overview of contracts and contract law in the UK, including the key elements of a contract, the types of contracts, and the remedies available for breach of contract.

Elements of a Contract

There are four essential elements of a contract in UK law: offer, acceptance, consideration, and intention to create legal relations.

  1. An offer is a proposal made by one party to another party that is capable of acceptance. The offer must be sufficiently clear and definite so that the other party can understand what is being offered.
  2. Acceptance is the unqualified agreement to the terms of an offer. The acceptance must be communicated to the offeror and must be made in the manner specified in the offer, or in a reasonable manner if no manner is specified
  3. Consideration is something of value that is given in exchange for something else. The consideration must be something that the parties have agreed to exchange and must be sufficient, but need not be adequate. In other words, the consideration must be of some value, but it does not have to be of equal value to the other party’s consideration.
  4. In order for a contract to be enforceable, both parties must intend to create legal relations. This means that the parties must have a serious intention to be bound by the contract and that the agreement is not merely a social or domestic arrangement.

Types of Contracts

There are many different types of contracts that can be formed in the UK. Some of the most common types of contracts include:

  1. Express contracts are contracts that are formed by the express agreement of the parties. This means that the terms of the contract are explicitly stated either in writing or orally.
  2. Implied contracts are contracts that are formed by the conduct of the parties rather than by their express agreement. In other words, the parties’ actions indicate that they have agreed to certain terms.
  3. Unilateral contracts are contracts in which one party makes a promise in exchange for the other party’s performance. The contract is formed when the second party performs the requested act.
  4. Bilateral contracts are contracts in which both parties make promises to each other. The contract is formed when both parties have made their promises.
  5. Void contracts are contracts that are not enforceable by law. These contracts may be illegal, impossible to perform, or the result of a mistake or fraud.
  6. Voidable contracts are contracts that are valid, but may be avoided by one or both parties. These contracts may be avoided because of a mistake, misrepresentation, undue influence, or duress.

What is an Unfair Contract ?

An unfair contract is a contract that contains terms and conditions that are deemed to be unjust, unreasonable, or unconscionable. These terms may provide one party with an unfair advantage over the other or impose burdens or restrictions on one party that are significantly disproportionate to the benefits received.

Unfair contracts can take many forms and can be found in a variety of contexts, including consumer contracts, employment contracts, and commercial contracts. Examples of unfair contract terms might include clauses that:

  • Limit liability for one party while providing no such protection for the other
  • Grant one party the right to terminate the contract without cause or notice, while denying the same right to the other party
  • Give one party the exclusive right to make decisions or take actions that affect both parties
  • Provide for automatic renewals or extensions of the contract without sufficient notice or opportunity to terminate
  • Require one party to waive certain legal rights or remedies in exchange for entering into the contract

The exact criteria for what constitutes an unfair contract may vary. In general, however, an unfair contract is one that places one party at a significant disadvantage and is not the result of a freely negotiated agreement between the parties.

Remedies for Breach of Contract

If one party breaches a contract, the other party may have legal remedies available to them. Some of the most common remedies for breach of contract include:

  1. Damages are a monetary award that is intended to compensate the non-breaching party for the loss suffered as a result of the breach.
  2. Specific performance is a court order that requires the breaching party to fulfil their obligations under the contract.
  3. An injunction is a court order that prohibits the breaching party from doing something that would cause harm to the non-breaching party.
  4. Rescission is the cancellation of the contract and the parties are put back into the position in which they were before the contract was made.. This remedy is available when one or both parties have been induced to enter into the contract by fraud or mistake.

Contracts and contract law are complex topics that require careful consideration and attention to detail. By understanding the elements of a contract, types of contracts, and remedies for breach of contract, businesses and individuals can protect their interests and ensure that they operate in compliance with UK law.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

Check out our articles on  What is the Law ?, R v Sussex Justices, Rule of Law, Litigants in Person, McKenzie Friends, HHJ Farquhar, HHJ Bedford and the highly dubious Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Law Legal Analysis

The Privy Council

the privy council united kingdom

The Privy Council is an institution that has played an important role in the governance of many countries throughout history.

Its origins can be traced back to the medieval period when it was established as a group of trusted advisors to the monarch.

Over time, the role and composition of the Privy Council have changed, but it remains an important institution today.

History of the Privy Council

The origins of the Privy Council can be traced back to the 13th century when it was established as a group of advisors to the English monarch. Its role was to provide advice on matters of state, and its membership was made up of senior nobles and bishops.

Over time, the Privy Council’s role expanded, and it became involved in the administration of justice and the governance of the country.

During the Tudor period, the Privy Council played an important role in the governance of England. It was responsible for enforcing royal policy, managing the economy, and overseeing the administration of justice. The Privy Council also had the power to make laws, and its decisions were binding.

In the 17th century, the Privy Council’s role changed once again. With the rise of Parliament, its power was reduced, and it became more of a ceremonial institution. However, it remained an important symbol of the monarch’s authority and continued to play a role in the governance of the country.

In the 19th century, the Privy Council’s role changed once again. With the growth of the British Empire, the Privy Council became responsible for overseeing the administration of justice in the colonies. It established the Judicial Committee of the Privy Council, which became the final court of appeal for many countries in the Commonwealth.

The Privy Council Today

Today, the Privy Council remains an important institution in many Commonwealth countries. Its role varies from country to country, but it continues to provide advice to the monarch and play a role in the governance of the country.

“These days, however, the Privy Council is simply the mechanism through which interdepartmental agreement is reached on those items of Government business which, for historical or other reasons, fall to Ministers as Privy Counsellors rather than as Departmental Ministers.

Although members of the Privy Council are appointed for life, only Ministers of the current Government participate in its day-to-day business and they are accountable to Parliament for all matters conducted through the Privy Council. The Ministerial head of the Privy Council Office is the Lord President of the Council.

Privy Council business falls into two main categories:

  • Prerogative business – where there is no legislation allocating the responsibility to a particular Minister, the Privy Council provides a mechanism for Ministerial advice to The King, since constitutionally The King acts only on such advice.
  • Statutory business – where an Act of Parliament has given order making powers to either the The King in Council (Orders in Council) or the Privy Council (Orders of Council).

“Prerogative” business taken through the Privy Council means, almost exclusively these days, the affairs of Chartered bodies; the 1000 or so institutions, charities and companies who are incorporated by Royal Charter. Most other historical prerogative powers have been taken over by Parliament, and the Privy Council is not involved for example in declarations of war or the prerogative of mercy.

The Privy Council also has an important part to play in respect of certain statutory regulatory bodies covering a number of professions including health, and in the world of higher education.

Orders “in” and “of” Council are no different from other forms of delegated legislation. Where they are statutory they will usually involve a Parliamentary procedure. Where they are prerogative they will usually be of no particular public interest, other than to the bodies to which they refer.

The details of its past meetings are published on the Privy Council website, along with all Orders “in”, and Orders “of”, Council.

The Rt Hon Penny Mordaunt was appointed as Lord President of the Council in September 2022.“

The Privy Council

Origins of the Word Privy

The word “privy” comes from the Latin word “privatus,” which means “private.” In medieval times, a privy council was a group of advisors who were chosen by the monarch to provide private counsel.

The word “privy” also has a connection to the word “privacy,” which suggests that the council’s discussions were confidential and private.

There is also the noun privy which is an outdoor toilet, typically a small shed with a bench with a hole over a pit.

The word “privy” as a toilet can be traced back to Middle English, where it was originally used to refer to a private room or chamber. Over time, the term came to be associated specifically with a small, enclosed room that was used as a toilet.

In medieval times, people often used chamber pots or simply relieved themselves in the open air. But as cities grew more crowded and sanitation became a concern, some households began to construct small, enclosed rooms that could be used as a private toilet. These rooms were often located in a separate building outside the main house, and they were known as “privies.”

As indoor plumbing became more common in the 19th and 20th centuries, the use of outdoor privies declined. However, the term “privy” has persisted as a somewhat old-fashioned way of referring to an outdoor toilet or outhouse.

The Full Title of the Privy Council

The full title of the Privy Council is the “Most Honourable Privy Council.” This title reflects the council’s importance and status as a symbol of the monarch’s authority.

The Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council (JCPC) is an important institution that has played a key role in the administration of justice in many Commonwealth countries. It was established in the 19th century to provide a final court of appeal for the colonies.

The Judicial Committee is made up of judges who are appointed by the monarch on the advice of the Prime Minister. Its decisions are binding and cannot be appealed, and it has the power to hear cases from any country in the Commonwealth.

Today, the Judicial Committee continues to hear cases from many Commonwealth countries, including Canada, Australia, and New Zealand. Its decisions have played an important role in the development of the law in these countries.

Commonwealth Countries and the Privy Council

The Privy Council continues to play a role in the governance of many Commonwealth countries. Its role varies from country to country, but it remains an important institution in many places.

In the United Kingdom, the Privy Council provides advice to the monarch on matters of state, and its members are appointed by the monarch on the advice of the Prime Minister. The Privy Council also has the power to make laws, and its decisions are binding.

In Canada, the Privy Council is a group of advisors to the Governor General, who acts as the King’s representative. Its role is to provide advice on matters of state, and its members are appointed by the Governor General on the advice of the Prime Minister.

In Australia, the Privy Council no longer plays a role in the governance of the country. In 1986, the country abolished appeals to the Privy Council and established the High Court of Australia as the final court of appeal.

In New Zealand, the Privy Council was the final court of appeal until 2004 when the country established the Supreme Court of New Zealand. Today, the Privy Council no longer plays a role in the governance of New Zealand.

In many other Commonwealth countries, the Privy Council continues to play a role in the administration of justice. Its decisions have had a significant impact on the development of the law in these countries, and its role as a symbol of the monarch’s authority remains an important part of their constitutional systems.

The Privy Council is an institution that has played an important role in the governance of many countries throughout history. Its origins can be traced back to the medieval period, and it has evolved over time to reflect changing political and social conditions.

Today, the Privy Council remains an important institution in many Commonwealth countries, providing advice to the monarch and playing a role in the administration of justice.

Its role varies from country to country, but it remains an important symbol of the monarch’s authority and a key part of the constitutional system.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Legal Analysis Police

Royal Sussex County Hospital – Brighton

Royal Sussex County Hospital - Brighton West Sussex

The Royal Sussex County Hospital is an acute teaching hospital in Brighton, East Sussex. It is part of the University Hospitals Sussex NHS Foundation Trust.

The hospital and trust are well known for scandal, controversy and medical negligence. It has also been accused of bullying whistle-blowers and turning a blind eye to serious complaints about nursing staff.

University Hospitals Sussex NHS Foundation Trust was placed in category four, receiving a score of 2.82 and placing 117th out of 134 trusts. This trust includes the Royal Sussex County Hospital in Brighton.

A Sussex NHS trust has been rated among the worst performing in England.

Doctor must be chaperoned with female patients. Jeremy Stuart Clark is a general surgeon specialising in keyhole surgery at University Hospitals Sussex NHS Foundation Trust (UHSx) and the Nuffield Health Brighton Hospital. BBC News 27th April 2026

Sussex Police expand NHS death inquiry to heart patients. “…police are now starting to review a small number of cases relating to cardiothoracic surgery at the Royal Sussex County Hospital.” – BBC News 15th April 2026

Inspectors flag up safety concerns at Brighton hospital. The Care Quality Commission (CQC), have threatened to take enforcement action after their visit to the Royal Sussex County Hospital, in Kemp Town, unless things improve rapidly – Brighton and Hove News 17th December 2025

New boss takes charge of trust that runs Brighton hospitals – Brighton and Hove News 15th December 2025

Family sues Royal Sussex County Hospital over father’s death – BBC News 2nd October 2025

Call to suspend Royal Sussex County Hospital medics under police investigation – BBC 26 August 2025

The care Ms Smart’s mother received from the University Hospitals Sussex NHS Trust at the Royal Sussex County hospital is being investigated by Sussex Police as part of Operation Bramber, which is looking into at least 200 cases of alleged medical negligence.

Surgeon banned by private practice is working for NHS – Mr Lamah continues to operate as a colorectal surgeon at the Royal Sussex County Hospital in Brighton.

New details emerge of “appalling” surgical practices at Royal Sussex – 2nd October 2024

Details are emerging of some of the “appalling” practices being used by surgeons whose work is under police investigation at a scandal-hit hospital.

One surgeon at the Royal Sussex County Hospital has been revealed as having used his own penknife – which he used to cut fruit for his lunch – to open up a patient’s chest in an operation.

Slater Gordon Lawyers

Surgeon operated with penknife he uses to cut up lunch – BBC News

Gang culture at neurosurgery department, doctor alleges.

Neurosurgeon Mansoor Foroughi is one of two surgeons who alleges patients were put at risk at University Hospitals Sussex, where Sussex Police are investigating 105 cases of alleged medical negligence.

BBC News 12th April 2024

England’s worst maternity units named and shamed. Yet for eight parts of England, including Brighton, Derby and Luton, MailOnline can reveal the only maternity unit is rated ‘inadequate’ – the Care Quality Commission’s (CQC) worst possible score. 

At The Royal Sussex County Hospital, CQC inspectors warned call bells would run for up to ten minutes before staff members responded. Emergency buzzers used to call a doctor could not be heard in some areas.

The hospital’s unannounced inspection was carried out following patient complaints and whistleblowing staff. 

Royal Sussex County Hospital – Daily Mail

Royal Sussex County Hospital CQC Inspection

The Care Quality Commission (CQC) is the independent regulator of health and adult social care in England.

The CQC make sure health and social care services provide people with safe, effective, compassionate, high-quality care and we encourage care services to improve.

The CQC monitor, inspect and regulate services and publish what we find. Where we find poor care, we will use our powers to take action.

  • Safe – Requires improvement
  • Effective – Requires improvement
  • Caring – Outstanding
  • Responsive – Requires improvement
  • Well-led – Requires improvement

Full CQC inspection report for Royal Sussex County Hospital

Royal-Sussex-County-Hospital-CQC-Inspection-Feb-24Download

Date of inspection visit: 1st to 3rd August 2023 / Published 14th February 2024

‘Let down by a culture of fear’

The NHS Trust that runs hospitals in Sussex has been stripped of its ‘outstanding’ status by its health watchdog and has been downgraded to ‘requires improvement’.

The Care Quality Commission sent in inspectors after whistleblowing concerns were raised by staff themselves.

There are changes, too, for individual hospitals with Brighton’s Royal Sussex County going from ‘good’ to ‘inadequate’ and the Princess Royal at Haywards Heath going from ‘good’ to ‘requires improvement’.

Inspectors said staff and patients were “being let down” by senior leaders who appeared “out of touch” with what was happening on wards and in clinical areas.

And staff who felt bullied or harassed felt pressured into “making unsafe decisions” amid a culture of fear.

ITVx

Care Quality Commission (CQC) and Bullying

Royal Sussex County Hospital bosses told to make urgent improvements.

The Care Quality Commission (CQC) said that the culture in surgery theatres at the Royal Sussex County Hospital was “still poor” and that staff did not feel they could raise concerns without “fear of reprisals”.

The unannounced visit last August found an “improving” culture on the wards where staff felt respected and supported but inspectors also heard examples of bullying in the surgery unit from 30 members of staff.

CQC bosses said that improvements had been made in some aspects of surgery at the hospital since inspections in 2021 and 2022, resulting in the rating of the unit being raised from “inadequate” to “requires improvement”.

The findings come as a review commissioned by University Hospitals Sussex NHS Foundation Trust, which runs the hospital, reported instances of bullying and harassment and a “culture of fear” regarding the top leadership team earlier this month.

Brighton and Hove News

Medical Negligence

Sussex police consider manslaughter charges over dozens of hospital deaths

Police are investigating 105 cases of alleged medical negligence at the Royal Sussex County Hospital in Brighton amid claims of a cover-up.

Police are investigating 105 cases of alleged medical negligence at the Royal Sussex County Hospital in Brighton amid claims of a cover-up.

Specialist officers from the National Crime Agency and Sussex police are looking into cases of harm, which include at least 40 deaths, in the general surgery and neurosurgery departments between 2015 and 2021.

An email from Sussex police, released to The Times after a court application, revealed the huge investigation is looking into 84 cases connected to neurology and 21 related to gastroenterology. Most of the families are yet to be told that their case is among them.

Officers were called in by the senior coroner after she heard of allegations made by two consultant surgeons at University Hospitals Sussex NHS Foundation Trust, one of the largest NHS organisations with 20,000 staff.

The trust has been accused of bullying the whistleblowers and attempting to cover up the circumstances of the deaths.

Mansoor Foroughi, a consultant neurosurgeon, was sacked for “acting in bad faith” in December 2021 after raising concerns about 19 deaths and 23 cases of serious patient harm.

Another whistleblower, Krishna Singh, a consultant general surgeon, claimed that he lost his post as clinical director because he said the trust promoted insufficiently competent surgeons, introduced an unsafe rota and had cut costs too quickly.

The Times 27th November 2023

Transgender Breast Milk

An NHS trust has claimed that breast milk from transgender women is just as good as that produced by a mother who has given birth.

The Telegraph reported that a leaked letter from a University Hospitals Sussex NHS Foundation Trust medical director said milk produced by trans-women, with the help of drugs, is “comparable to that produced following the birth of a baby”.

The hospital became the first to use the gender-inclusive terms “chestfeeding” and “human milk” for its perinatal services in 2021. It created what it called the “first clinical and language guidelines supporting trans and non-binary birthing people”.

The Standard – University Hospitals Sussex NHS Foundation Trust guidance attracts criticism from campaigners after being leaked in letter

Trust headquarters

University Hospitals Sussex NHS Foundation Trust, Worthing Hospital, Lyndhurst Road, Worthing, West Sussex, BN11 2DH

Switchboard : +44 (0)1903 205111

Check out our articles on Sussex Police, Chief Constable Jo Shiner Sussex Police, R v Sussex Justices, HHJ Farquhar, HHJ Bedford and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Free Speech Law Legal Analysis

Can a Woman have a Penis?

A simple question, you might imagine. Activists from three of the largest campaign groups on women’s rights @WomensRightsNet @WomenUnitingUK @SexMattersOrg are urging the public to demand EVERY politician standing in next month’s elections can answer that simple question.

Local elections are happening on 5th May 2022.

“Tell candidates: Respect My Sex If You Want My ‘X’!”

The simple answer to this question is of course YES. It is surprising that the leader of the Labour Party, and now Prime Minister, Sir Keir Starmer was unable to answer such a simple question.

Read more at the Daily Mail

In June 2022 Keir Starmer said on LBC ‘vast majority’ of women ‘don’t have a penis‘ and need safe spaces…..

Sir Keir Starmer – Can a Woman Have a Penis – LBC

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Rule of Law - Open Justice - Policing By Consent