Edenred (UK Group) Ltd v HM Treasury

Subject Matter

PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax free childcare (“TFC”) accounts to be provided by another government department (“NS&I”) — No invitation to tender for provision of new service — NS&I’s services delivered under existing contract by private sector partner — Whether provision of TFC arrangements “public services contract” — Whether delivery of TFC accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5), reg 5(1) — FEU Treaty, art 56

[2015] EWHC 90 (QB); [2015] CN 275, QBD

PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax-free childcare accounts to be provided by government department — No invitation to tender for provision of new services — Department’s services delivered under existing contract by private sector partner — Whether “public services contract” — Whether delivery of childcare accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5) — FEU Treaty, art 56FEU

[2015] EWCA Civ 326; [2015] CN 604, CA

PUBLIC PROCUREMENT — Public services contract — Modification of contract — Government agreeing new scheme of tax-free childcare accounts to be funded through HM Revenue and Customs and provided by government department offering retail savings and investment products (“NS&I”) — Arrangement involving variation of NS&I’s operational services delivered under existing public contract by private sector partner — Whether delivery of childcare accounts requiring substantial modification to existing public services contract — Whether failure to tender in breach of Regulations — Whether arrangement involving separate public services contract between Revenue and NS&I’s private sector partner — Childcare Payments Act 2014, s 16(2) — Public Contracts Regulations 2015, reg 72 — Parliament and Council Directive 2014/24/EU

[2015] UKSC 45; [2015] PTSR 1088; [2016] 1 All ER 763; [2015] WLR (D) 284; Case details, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case Comment: Edenred (UK Group) Ltd v Her Majesty’s Treasury [2015] UKSC 45 [2015] Cas Com 36