Public Procurement: Court of Appeal Clarifies Rules on Concessions, Exempt Land Transactions and the Availability of Damages

    View Author December 2019

    Our public procurement team has prepared an update on a recent Court of Appeal judgment – Ocean Outdoor UK Ltd v. London Borough of Hammersmith & Fulham – that addressed several important questions on the scope of the procurement rules, their application to land transactions and damages in procurement challenges.

    The update is in two parts:

    • Part 1 explains the court’s findings on the scope of the Concessions Contracts Regulations 2016 and the “pecuniary interest” requirement. (Download)
    • Part 2 explains the court’s findings on exempt land transactions and the availability of damages to unsuccessful bidders. (Download)

    The case is the first time that the Court of Appeal has considered these issues, making its judgment highly relevant for council and local authorities, as well as private developers and contractors.