Hampshire County Council v Supportways Community Services Ltd

Hampshire County Council v Supportways Community Services Ltd

The Company was not entitled to a further review under clause 11 of the Agreement after its expiry, as the right to a review was exhausted by the 2004 review, which, though procedurally flawed, was effective to determine the Agreement. The claim was fundamentally contractual and not amenable to judicial review. Specific performance was not an appropriate remedy for an expired contractual obligation; the Company was limited to a claim for damages.

Parties
Appellant: Hampshire County Council; Respondent: Supportways Community Services Ltd
Jurisdiction
England and Wales
Judgment Date
18 July 2006
Procedural Posture
Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Specific Performance, Judicial Review, Breach of Contract, Public Law Remedies, Contractual Interpretation
Contract Law Administrative Law Public Law Specific Performance Judicial Review Breach of Contract Public Law Remedies Contractual Interpretation

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Parties

Hampshire County Council

Appellant

Supportways Community Services Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Council was contractually obliged to conduct a further review under clause 11 after the Agreement had expired
  2. 2 Whether the Company was entitled to public law remedies (judicial review) for the Council's alleged breach of contract
  3. 3 Whether specific performance was an appropriate remedy for breach of clause 11.3 of the Agreement

Ratio Decidendi

The Company was not entitled to a further review under clause 11 of the Agreement after its expiry, as the right to a review was exhausted by the 2004 review, which, though procedurally flawed, was effective to determine the Agreement. The claim was fundamentally contractual and not amenable to judicial review. Specific performance was not an appropriate remedy for an expired contractual obligation; the Company was limited to a claim for damages.

Court Disposition

Appeal allowed

Orders

  • Order of specific performance set aside
  • Company limited to claim for damages; no further review ordered