Public Works Contracts After Faraday

Released: 17 September 2020

by Sarah Hannaford QCFionnuala McCredie QCCharles Banner QC and James Frampton on Thursday 17 September 2020.

The panel discussed current hot topics and unresolved questions following the Court of Appeal’s ground-breaking judgment in Faraday Development Ltd v. West Berkshire Council [2019] PTSR 1346, including:

  • Where is the line now drawn between what is and what is not a public works contract?
  • Are VEAT notices still a reliable means of reducing risk and if so in what circumstances?
  • Other recurring issues, including: (i) can Regulation 32 be used for contracts now caught by Faraday? (ii) The Regulation 18 anti-avoidance rule, and (iii) how real is the post-Faraday risk given the reduced pool of potential challengers following Wylde?

 

Slides

The combined slides can be viewed here.

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