Court of Appeal to hear subsidy control case over £140m in loans made by combined authority to developers

Aubrey Weis had challenged the £140 million in loans granted by the GMCA to Renaker Group, alleging they were unlawful subsidies not made on commercial terms.

The Tribunal found the combined authority had followed a thorough, rational approval process and that the loans reflected market terms, conferring no undue economic advantage.

It rejected claims of procedural unfairness and breach of candour, and dismissed the appeal.

The appeal will be heard on 9-10 June by Lord Justice Nugee, Lord Justice Zacaroli and Lord Justice Miles.

Law firm Walker Morris is advising the appellant on the case, supported by Sarah Ward (Partner, Competition), David Manda (Director, Real Estate Litigation) and Jonathan Whitaker.

Commenting on the case, Martin McKeague and Sarah Ward said: “This appeal raises important questions about the application and operation of the UK’s subsidy control regime. The Court of Appeal’s decision is likely to provide clarity to public bodies and developers regarding the funding of development and regeneration projects and more generally the structuring of public-private investment.”

Walker Morris was supported by Counsel for the appellant Joseph Barrett KC and Oliver Jackson of 11KBW.

Update: judgment has been reserved.