Court rejects suggestion that lease of Hammersmith Flyover Tower Advertising Stands was a concession contract (Ocean Outdoor UK Ltd v Hammersmith and Fulham LBC)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Public Law analysis: The High Court rejected an unsuccessful tenderer’s application that the Concession Contracts Regulations 2016 and/or EU law applied to the lease of a prominent digital advertising stand. In simple terms, the lease was not a service concession, and all claims fell away thereafter. But for that it was reasonably clear that the breach would have been serious meriting a declaration of ineffectiveness and a civil financial penalty. Written by Joseph Dalby SC, barrister at 36 Commercial/36 Public.