Case study: Real estate and public procurement

Dentons | Property Law Journal | March 2019 #369
Mark Bassett reports on the Court of Appeal’s findings in Faraday ‘An arrangement that contains obligations to carry out the development, at any stage, could move the arrangement into the territory of public procurement.’ Those who are involved with public sector regeneration and development projects will be interested to learn about the important developments concerning …

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Regulation: Regular development

Ashfords | Procurement & Outsourcing Journal | January/February 2017 #34
Elizabeth Gibson reports on the scope of the PCR 2015 ‘Where no enforceable contract for works exists, even where there is an expectation that a contract will be entered into, there is no public works contract to which the legislation can apply.’The High Court has dismissed a challenge by Faraday Development Ltd (FDL) against West …

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Planning Update: Procuring clarity

Dentons | Property Law Journal | December 2016/January 2017 #347
Mark Bassett examines a case concerning the interaction between real estate transactions and the public procurement rules ‘Holgate J determined that the main object of the agreement was not one which fell within the procurement legislation, and he concluded that there was therefore no breach of the Regulations.’ In August 2016 the High Court gave …

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Drafting: No publicity

Burges Salmon LLP | Procurement & Outsourcing Journal | November/December 2016 #33
Stephanie Rickard and Punim Anda examine a recent decision on the classification of public works contracts ‘FDL claimed that WBC’s decision to deliberately avoid having to comply with public procurement legislation was irrational as it was based on advice that it would receive a more positive response from the market by running a non-regulated tender …

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