SFM Ltd v (1) Christ the King College (2) Isle of Wight Council – ultra vires as a defence to a private law claim, schools and borrowing

20/05/2020 | 10:00 am 11:00 am

Three members of 11KBW who acted for the defendants – Peter Oldham KC for the College and Daniel Stilitz KC and Rupert Paines for the Council –  will discuss this significant case (judgment handed down on 7th May 2020) in which the school’s lease of a sixth form block from the claimant finance company was held to amount to borrowing without consent, and was therefore ultra vires and unenforceable by the claimant. The case has significance for public bodies and, and all those contracting with them, and not only for schools, because the judge dealt in detail with the issue of when and how a public body can defend a private law claim on the basis of a breach of public law  – another significant chapter of the debate in such cases as Credit Suisse v Allerdale BC (1985) and Cornwall Council v Charles Terence Estates (2013).

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The webinar is free of charge.

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