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On appeal from: [2009] EWCA Civ 490

Concerns the scope of the Teckal exemption in public procurement law. It considers whether a local authority was entitled to enter into contracts of insurance with a mutual insurer, established in co-operation with other local authorities, without first putting those contracts out to tender in accordance with the Public Contracts Regulations 2006.

Held: the Teckal exemption did apply to the 2006 Regulations, that it was available in respect of insurance contracts and that it was sufficient for it to apply that the co-operating public authorities together exercise collective control over the party to whom contracts are awarded. The requirements of the Teckal exemption were satisfied. Although the definitions in the 2006 Regulations differed in some respects from Council Directive 2004/18/EC on the co-ordination of procedures for the award of public work contracts, public supply contracts and public service contracts, the purpose of the 2006 Regulations was to give effect in domestic law to the Directive. There was nothing to indicate that the 2006 Regulations intended to depart from the European Court of Justice’s case law.

For judgment, please download: [2011] UKSC 7
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