*Faraday Development Ltd v West Berkshire Council

Public procurement – Public contracts. By entering into a development agreement, the defendant local authority had effectively agreed to act unlawfully in the future, by committing itself to acting in breach of the legislative regime for procurement. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that that was, in itself, unlawful, whether as an actual or anticipatory breach of the requirements for lawful procurement under Directive (EC) 2004/18 and the Public Contracts Regulations 2006, SI 2006/5, or simply as public law illegality, or both.

Category: