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ARTICLE · 10 JANUARY 2019

New Guidance On The Important Procurement Issues For Irish Clients

Matheson
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To date the Irish Courts have not made a declaration of ineffectiveness in a procurement challenge. However the applicable legal principles are of interest to Irish clients and have been outlined

United KingdomGovernment, Public Sector
Kate McKenna
Kate McKenna
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To date the Irish Courts have not made a declaration of ineffectiveness in a procurement challenge.  However the applicable legal principles are of interest to Irish clients and have been outlined in the recent UK Court of Appeal decision in Faraday Development Ltd v West Berkshire Council and St Modwen Development, which marks the first declaration of ineffectiveness issued by an English court since the remedy was introduced in 2009.  This decision also provides useful guidance to Irish clients on the complex issues around whether land development agreements are subject to procurement law.

A declaration of ineffectiveness may be granted where a contract has been awarded without prior publication of a contract notice in breach of procurement law.  The practical impact of such a declaration is that the disputed contract is legally void from the judgment date onwards.  Where such a declaration is made, the Court will also order payment of a fine by the

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