- In brief: How procurement law applies to development agreements (R (on the application of Faraday Development Ltd) v West Berkshire Council)
- Original news
- What should public procurement lawyers take note of?
- What was this case about?
- What did the court decide?
Public Law analysis: This case involved important issues regarding judicial review (JR) and public procurement. Faraday challenged the decision of the Council to enter into a Development Agreement (DA) with the Interested Party—St Modwen Developments Limited, to facilitate the comprehensive regeneration of an area of land in Newbury, owned by the Council. The JR challenge included, among other things, an alleged failure under section 123 Local Government Act 1972 (LGA 1972) and related State Aid issues. The DA was alleged to be covered by procurement legislation, as a public works and/or services contract, and a failure to follow the procurement legislation was alleged to be unlawful. Dr Mirza Ahmad, barrister at St Philips Chambers, considers the case of R (on the application of Faraday Development Ltd) v West Berkshire Council.
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