The Public and Third Sector Law Reports
[2020] PTSR 1913
Queen’s Bench Division
School Facility Management Ltd and others
v
Governing Body of Christ the King College and another
[2020] EWHC 1118 (Comm)
2020 March 2-5, 9–12;May 7
Foxton J
Local government— Powers— Financial transactions— Maintained school entering into hire contract for construction and hire of new sixth form building— School and council providing letter to counterparty pre-contract as to school’s capacity to enter into contract— School failing to pay annual instalment under contract when due— Counterparties bringing claim against school and council under contract, in misrepresentation or misstatement, and in unjust enrichment— School counterclaiming in unjust enrichment— Whether school council’s agent— Whether agency established by reason of legislation governing funding relationship between maintained schools and councils— Whether contract “borrowing” subject to Secretary of State’s consent or contrary to council’s scheme on financing of maintained schools and thereby ultra vires school— Whether contract void— Whether claim in misrepresentation or misstatement barred by ultra vires finding— Whether counterparty able to defend counterclaim in unjust enrichment on basis of anticipatory change of position—
School Standards Framework Act 1998 (c 31) (as amended by Education and Inspections Act 2006 (c 40), s 57, Sch 5, para 3 and Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (SI 2010/1158)), ss 48, 49(5)(6)
—
Education Act 2002 (c 32), s 19(6), Sch 1, para 3(3)(a)(4)(a)
—
School and Early Years Finance (England) Regulations 2012 (SI 2012/2991), reg 22
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