There is an interesting case, from a public procurement and development agreement point of view: “Following the High Court’s ruling in October 2016, Faraday Development Ltd successfully argued at the Court of Appeal that the development agreement between West Berkshire Council and St Modwen Developments Ltd was ineffective; a first in English procurement law.” The details about the judgement are in the article but it states that it is important to note that each transaction must be viewed as a whole and so there is no one-size-fits-all approach that can be adopted towards development agreements. But this case, it explains, “highlights the importance for local authorities, landowners and developers of considering in every transaction whether it could constitute a public works contract bringing the public procurement requirements into play. There is otherwise a risk that a court could declare the development agreement “ineffective”, which for practical purposes means that it would be void.” Read the full report on Shoosmiths.

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