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ARTICLE · 10 JULY 2023

High Court Ruling Clarifies What Constitutes Material Changes To A Contract

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The recent case of James Waste Management LLP v Essex County Council [2023] EWHC 1157 (TCC) deals with the issues surrounding the ability for contracting authorities to make changes to contracts.

United KingdomGovernment, Public Sector
Christopher Brennan
Christopher Brennan
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The recent case of James Waste Management LLP v Essex County Council [2023] EWHC 1157 (TCC) deals with the issues surrounding the ability for contracting authorities to make changes to contracts. In the case, James Waste Management LLP brought a claim against Essex County Council. The claimant alleged that the council had breached the Public Contracts Regulations 2015 (PCR) in modifying its agreement with Veolia, so as to allow Veolia to take waste to a new disposal facility elsewhere in Essex and change the basis of charging. The arguments made by James Waste concerned Regulation 72 of the PCR - James Waste contended that these changes amounted to a substantial modification of the contract, making it materially different. In view of this, it argued that the County Council should have re-advertised the contract and run a new procurement.

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