Arrested Development Court of Appeal issues first declaration of ineffectiveness under the English procurement regime

For the first time, the Court of Appeal has issued a declaration of ineffectiveness under the English procurement regime in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532, allowing an appeal against the first instance decision. The challenge concerned a development agreement for a parcel of land owned by the respondent Council which had been … Read more

High Court considers extraterritorial application of compulsory powers

In the case of R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2368 (Admin) (“KBR“), the High Court dismissed a judicial review brought by the applicant, finding that the SFO was able to compel the production of documents located outside the jurisdiction held by a foreign company. This is … Read more

Court of Appeal rules on the availability of judicial review of a private entity

In R (Holmcroft Properties Limited) v KPMG LLP [2018] EWCA Civ 2093, the Court of Appeal dismissed an appeal of the Divisional Court’s decision that KPMG is not amenable to judicial review in its role as an independent reviewer in connection with Barclays’ past business review exercise. Key points: The Court of Appeal agreed with the Divisional … Read more

Court of Appeal reluctant to intervene in public body’s decision regarding the allocation of funding

In R (on the application of (1) Pharmaceutical Services Negotiating Committee (“PSNC“) (2) Susan Sharpe) v Secretary of State for Health (the “SoS“) and National Pharmacy Association (“NPA“): NPA v SoS [2018] EWCA Civ 1925, the Court of Appeal dismissed the challenges to an earlier decision of the Administrative Court, which rejected the claim that a package of … Read more

When will the courts intervene in regulatory decisions concerning future issues

In R (Avaaz Foundation) v Ofcom [2018] EWHC 1973 (Admin), the Administrative Court (Supperstone J) dismissed all four grounds of the judicial review brought by Avaaz Foundation (“Avaaz“) of Ofcom’s decision that Sky plc (“Sky“)1 would remain fit and proper to hold a broadcast licence following its merger with 21st Century Fox Inc (“Fox“). Key points The Court will … Read more

High Court applies high threshold test to injunctions against public bodies

In Taveta Investments Ltd (Claimant) v (1) Financial Reporting Council (2) Conduct Committee of the Financial Reporting Council (3) Executive Counsel of the Financial Reporting Council (Defendants) & (1) PricewaterhouseCoopers LLP (2) Stephen John Denison [2018] EWHC 1662 (Admin) the High Court rejected an application for an interim injunction restraining publication of a decision to impose sanctions … Read more

Public Procurement Health Check – TCC Decision Provides Checklist of how Public Procurement Exercises can go Awry

In a decision which will have important implications for the conduct of public procurement exercises, the Technology and Construction Court (“TCC“) has set aside the award of a public procurement contract on the grounds that the reasons given for the evaluation scores awarded to the tenderers were insufficient in law. In Lancashire Care NHS Foundation Trust … Read more