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ARTICLE · 20 MARCH 2019

Real Estate And Public Procurement

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Those who are involved with public sector regeneration and development projects will be interested to learn about the important developments concerning

United KingdomReal Estate and Construction

Those who are involved with public sector regeneration and development projects will be interested to learn about the important developments concerning the interface between public procurement law and property law, as explored in the Faraday Court of Appeal judgment (Faraday Development Ltd v West Berkshire Council [2018]).

The earlier High Court judgment (which I previously wrote about in 'Procuring clarity', PLJ347, December 2016/January 2017, p6) was significant insofar that it provided a relatively detailed analysis of a 'conditional land sale agreement' (CLSA) from a procurement perspective. The judgment was welcomed by authorities involved in such projects as it gave a clean bill of health to CLSAs, even where drawn-down phases contained obligations to build out.

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