The Supreme Court is currently hearing the case of Edenred (UK Group) Limited and another v HM Treasury and others, a challenge under the Public Contracts Regulations 2006 and by judicial review to the Government’s use of National Savings and Investments, the work of which is contracted out to Atos, to implement its Tax Free Childcare policy. Tax Free Childcare will replace an existing scheme, Employer Supported Childcare, under which the Appellants currently provide services.
The case raises fundamental issues concerning the Pressetext test for material variation, transparency of contract notices, the legitimacy of contractual review clauses, the standing/causation requirements of the Regulations, and the relationship between the Regulations and judicial review.
Jason Coppel KC, Joseph Barrett and Rupert Paines act for the Appellant childcare voucher providers, instructed by Jim Richards of Pinsent Masons LLP.
