Challenges to Development Agreements: lessons learnt from Faraday

Programme

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.