The decision at first instance in 2016, was a significant case, particularly for regeneration agreements, as it concerned the principles that apply when seeking to structure development agreements outside the scope of the public procurement rules. Many regarded the decision as pushing the boundaries of when a development agreement is not a public works contract so the outcome will be an important test case.
We will be closely following the appeal and will publish further commentary once the judgement has been released.
Faraday commenced Judicial Review proceedings following the decision by West Berkshire Council (the "Council") to structure a regeneration agreement in a way that would not require a competitive tendering exercise under the Public Contracts Regulations (2015) (the "PCR").
The High Court considered the PCR did not apply, in part, because:
Faraday subsequently appealed that decision. It will be interesting to see whether the Court of Appeal approve the wide approach previously adopted or attempt to narrow the boundaries for interpretation.