Crowd-funded PCR test case kicks off in High Court

The Administrative Court has this week heard arguments on whether anyone other than ‘economic operators’ can invoke the Public Contracts Regulations in judicial review proceedings.

Dove J heard the preliminary issue in R (Wylde) v Waverley Borough Council and Crest Nicholson, though no decision is expected for some weeks, a spokesman for Landmark Chambers said.

The case concerns a challenge to the variation of a development agreement between the council and developer Crest Nicholson for the Brightwells regeneration project in Farnham.

Objectors allege that the variation required public procurement pursuant to the Public Contracts Regulations 2015.

However, the claimants accept that they are not ‘economic operators’ as described in the remedies allowed under these Regulations.

The council and developer therefore contend that the claimants do not have standing to bring the claim.

They argue alternatively that even if those who are not economic operators could bring a case, this standing should be confined to those directly affected by the alleged failure to comply with the procurement regime.

Amenity groups including the Farnham Society have crowd-funded the case. It said the scheme had changed significantly from its original form and now favoured the developer to the detriment of the town.

A statement from Waverley leader Julia Potts when leave for judicial review was granted last year said: “It is disappointing that council tax payers will have to pay for the council’s costs to defend the scheme which delivers jobs, homes and numerous community and financial benefits to Farnham and the borough as a whole.”

Cllr Potts said the Brightwells project was “a key corporate priority [so] the council will defend the judicial review challenge as strongly as possible”.