0370 270 6000

Granting concessions

20 January 2012

A new ruling by the Court of Appeal has added to the caselaw setting out the differences between public service contracts and public service concessions. In this case, contracts for the provision of bailiff services with the Ministry of Justice (MOJ) were concessions, meaning that the EU procurement directives are not applicable.

The court held that even though the MoJ retained considerable control over how the contract was performed and the scope for exploiting the services further by the contractor was extremely limited the fact that the payment of fees under the contract came from third parties (the debtors) and the risks of management and operation of the service transferred to the contractor were enough to make it a service concession.

The court did acknowledge that the facts of this case didn’t fit neatly into the normal descriptions of either public service contracts or concessions meaning that future cases on the same point may end differently.

Related opinions

IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

View blog

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

A helpful decision for claimant solicitors on Limitation under the Human Rights Act in abuse and assault cases?

In this month’s decision of CJ & Ors v Chief Constable of Wiltshire Police the court was given the task of considering whether a sexual abuse action, brought under the Human Rights Act 1998 should be allowed to proceed to trial where the claim had been brought outside the one-year period prescribed by the Act.

View blog

Homes England partners with local authorities to boost the levelling up agenda

Homes England, the government’s housing accelerator, has partnered with two local authorities, Greater Manchester Combined Authority and the Association of South Essex Local Authorities, in a new Strategic Place Partnership (SPP) which is designed to align with the government’s levelling up agenda by delivering new homes in the regions.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up