Challenges to Development Agreements: lessons learnt from Faraday

On 14 November 2018, the Court of Appeal in Faraday Development Ltd v West
Berkshire Council and St Modwen Developments Ltd [2018] EWCA Civ 2532 granted
the first ever declaration of ineffectiveness in England and Wales under the
Public Contract Regulations. The case provides important guidance on the
scope of the PCRs and their applicability to land disposal agreements entered
into by public authorities, and the use of VEAT/Voluntary Transparency Notices.

This 1 hour breakfast briefing by David Elvin QC, Charles Banner (who appeared
for the parties) and James Neill, co-heads of Landmark Chambers’ Public
Procurement Team, considers the implications of the case for both the
development sector and wider public procurement.