- Leases over advertising hoardings on land exempt from the Concessions Directive (Ocean Outdoor UK Ltd v Hammersmith and Fulham London Borough Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Public Law analysis: The land exemption in the Concessions Contract Regulations 2016, SI 2016/273 (CCR 2016) is a wide exemption from the scope of the Regulations. It applies to all contracts for the sale and lease of land and buildings, irrespective of the purposes for which the land might be used. Accordingly, where land is let for the purposes of using advertising hoardings on the land, the nature of the land transaction remains a lease and not a public contract or services concession. In addition, claims for damages for loss of chance as a result of breach of the public procurement rules must show some causal connection between the alleged breach and the loss of chance. Written by Denis Edwards, barrister, at Normanton Chambers.
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