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R (Faraday Development Limited) v. West Berkshire Council [2016] Con. L.R. 131.

DATE: 26 Aug 2016

This was a judicial review challenge to a  £125m development agreement between West Berkshire Council and St Modwen Developments for the regeneration of the London Road Industrial Estate In Newbury. The Claimant, Faraday Development Ltd, was the joint venture partner of an unsuccessful bidder for the contract (Wilson Bowden Developments). It contended that the Council had not complied with its duty to secure best consideration under s. 123 of the Local Government Act 1972 and that the agreement should be been subject to public procurement according to the procedure set out in what is now Directive 2014/24/EU which is transposed into English law by the Public Contracts Regulations 2015. 

In a 65-page judgment, which features substantial discussion of the Court’s role in considering s.123 challenges and of the scope of Directive 2014/24/EU in relation to regeneration and planning, Holgate J. dismissed the claim. An application for permission to appeal is currently pending before the Court of Appeal.

Charles Banner and Heather Sargent represented the Claimant, instructed by DAC Beachcroft LLP.

David Elvin QC and Luke Wilcox represented the Council, instructed by Bond Dickinson LLP.