Local Government

Commercial and Contractual Disputes, and Procurement issues

Overview

Landmark has extensive experience of advising councils and developers on procurement issues, especially arising from development agreements where we appeared in the leading case (Faraday, above). Landmark barristers acted for the Defendants in the two of the most complex and high value procurement cases in the TCC in 2022 and 2023: Atos v Met Office [2022] EWHC 42 (TCC) and Camelot and IGT v Gambling Commission (still on-going). We advise and act for public bodies concerning land disposal including issues around best value and State Aid, as well as acting for public bodies in a number of high value commercial and contractual disputes (e.g. NHS Comm Body v Silovsky [2017]).

Advice to local authorities relating to State Aid and public subsidy issues, including experience of post-Brexit framework and new Subsidy Control Act 2022.
We advise and act for public bodies concerning land disposal including issues around best value and public subsidy, as well as acting for public bodies in a number of high value commercial and contractual disputes. Recent work includes advice on the legality of a contract entered into by a local authority without explicitly securing best value; enforcing through court action, mediation or arbitration s.106 and overage obligations for various London authorities; s.106 obligations including on education and affordable housing; advising for a council having to choose between competing litigious supermarket operators under s.123; and for a council assessing options for the disposal of large parts of its office estate as a result from COVID and working from home.

Learn more about our expertise on commercial and contractual disputes, and procurement issues here.