0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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

Staff Shortages in the NHS

Staff shortages within the NHS are well publicised, with recent press reports once again highlighting the additional impact of the NHS pensions “tax trap” on frontline care, and the uncertainty over Brexit implications for current and potential future employees.

View blog

General election 2019 - implications for schools

Parliament has announced that a general election will take place in the UK on Thursday 12 December 2019. Schools are popular places for polling stations and whilst some larger schools are able to continue to operate on election day, many smaller schools are forced to close.

View blog

A brief update on probate

A new online system for probate applications was introduced in early October 2019, which will allow us to process and track applications for grants of probate online.

View blog

The Commons Treasury Committee has published its report on business rates. Are changes on the horizon?

The Treasury Committee has just published its report on its inquiry into the administration of business rates in England and, at first glance, it could be the catalyst to drive the change that many businesses have been calling for.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up