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Public procurement – Public contracts. The claimant sought judicial review of the defendant local authority's decision to authorise variations to a contract with a developer to build a new mixed retail, residential and transport centre. The Planning Court, in allowing the application, held that the variations to the contract had resulted in a contract which had been materially different in character and the authority's decision to authorise them, without having carried out a procurement process, as required by European Parliament and Council Directive (EC) 2004/18 and the Public Contracts Regulations 2006, SI 2006/5, had been unlawful.
Public procurement – Public contracts. The claimant sought judicial review of the defendant local authority's decision to authorise variations to a contract with a developer to build a new mixed retail, residential and transport centre. The Planning Court, in allowing the application, held that the variations to the contract had resulted in a contract which had been materially different in character and the authority's decision to authorise them, without having carried out a procurement process, as required by European Parliament and Council Directive (EC) 2004/18 and the Public Contracts Regulations 2006, SI 2006/5, had been unlawful.
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