The Administrative Court has handed down judgment in R (Cornwall Council) v Secretary of State for Housing, Communities and Local Government [2026] EWHC 1805 (Admin).
The Court confirmed that the Secretary of State’s decision to clawback almost £2.2 million in ERDF funding was lawful, as Cornwall had breached EU procurement law in various respects.
The case gives useful guidance on the importance of procedural rigour in judicial review claims. The judgment also considers the role of EU law in procurement claims post Brexit, the circumstances in which direct awards can be made and the lawfulness of award criteria that require sub-contractors to be located in a particular geographic area.
A link to the judgment is here.
Joanne Clement KC appeared for the Secretary of State.
