What lies in store for the future of developments, post-Faraday?

By John Forde and Rebecca Rees2019-01-04T12:01:00

A recent Court of Appeal judgement provides a useful steer for public bodies and developers to consider the overall purpose and intention of a development agreement

The question of whether development agreements fall within the public procurement rules was given a fresh airing in the recent Court of Appeal judgment in Faraday Development v West Berkshire Council & Anr [2018] EWCA Civ 2532. The is question is difficult to answer, not only because the term “development agreement” covers a wide variety of different contractual arrangements, but also because recent English case law has crept away from the principles set out by the European courts, creating a tantalising ambiguity that some have sought to take advantage of.

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