Faraday Development Ltd v West Berkshire Council


A seminar by 11KBW Chambers to discuss the wider implications for procurement lawyers

Monday 10 December 2018
National Liberal Club, Whitehall Place, London SW1A 2HE 

On 14 November 2018 the Court of Appeal gave its long awaited judgment in Faraday Development Ltd v West Berkshire Council.  The appeal was allowed, and the Court declared the development agreement ineffective and issued the first declaration of ineffectiveness and civil penalty order made in England.  A copy of our initial short briefing, summarising the judgment, click here.

The appellant (Faraday) was represented by Nigel Giffin QC as leading counsel, and junior counsel for the respondent was Joseph Barrett, both of 11KBW.

11KBW will now be holding a seminar to discuss the case.  The speakers will be:

• Nigel Giffin QC
• Joseph Barrett
• Patrick Halliday

The seminar will be aimed at specialist procurement lawyers, at litigators who deal with procurement cases, and at those commercial and property lawyers who deal with transactions which may be affected by procurement law.

It will not be intended as an introduction to, or summary of, the case.  Rather, the intention is to analyse and discuss in more detail some of the wider implications for issues including:

The scope of the Public Contracts Regulations –

  • “No obligation”, multi-stage and multi-object transactions in various contexts
  • What is needed to keep a development agreement outside the Directive and Regulations?  Are section 106 agreements always outside?
  • The scope of the “abuse of rights” doctrine, and the implications of Article 18(1)
  • The relevance of the TFEU principles – does Quidnet still hold good?

Procurement risks, and how to mitigate them –

  • What is required for a valid VEAT notice?
  • How to approach relevant discharge terms?
  • What level of civil financial penalty will be “effective, proportionate and dissuasive”?
  • Avoiding the need for in-term modifications

Procedure and remedies –

  • What is needed to start time running?
  • The relevance of actual versus anticipatory breach

How does judicial review “fit in”? – standing; time limits; relief

Seminar details

Venue: National Liberal Club, Whitehall Place, London SW1A 2HE

Date: 10 December 2018

Registration will be from 8.45am, with the seminar starting promptly at 9.15am until 11am with coffee and informal discussion at the end.

The seminar will be free of charge.

How to Book?

To book your place, please email RSVP@11kbw.com along with your name, firm and email address. We will then email back with booking confirmation.

To all our clients - Coronavirus update