Cornwall Council has been ordered by the High Court to repay more than £2.1 million of European Regional Development Fund (ERDF) money after judges found failures in the procurement of contracts linked to the construction of a bridge over the A30 at Chiverton Cross.
What the judgment says
In a ruling handed down last week, Hon Mrs Justice Steyn dismissed the council’s challenge to a decision requiring two sums to be clawed back. The larger sum relates to the direct award of a contract for a walking, cycling and horse-riding bridge over the A30 at Chiverton Cross.
| Recipient | Amount | Reason |
|---|---|---|
| Costain Jacobs Partnership (CJP) | £2,110,882.18 | Direct award of the construction contract without advertisement |
| MWJV Limited | £10,549.48 | Competitive award where tender required Cornish sub-consultants—found discriminatory |
Why the council was criticised
The court found the council’s direct award of the CJP contract did not comply with relevant procurement rules. Separately, the invitation to tender for project management services included a requirement for Cornish sub-consultants, which the Secretary of State determined disadvantaged bidders without established local networks and breached equal treatment principles.
- The principal repayment is £2,110,882.18 paid to CJP for the Chiverton bridge contract.
- A further £10,549.48 paid to MWJV Limited must also be returned.
- The ruling follows a decision by the Secretary of State for Housing, Communities and Local Government and subsequent legal challenge by the council.
Council response and context
A council spokesperson said the authority was "extremely disappointed" with the decision and stressed that the ERDF bid and procurement approach had been scrutinised at the time.
"We are extremely disappointed at the decision from the High Court. The ERDF bid for the Chiverton Bridge project clearly set out the council’s procurement strategy and was supported by the Ministry of Housing Communities and Local Government (MHCLG) team at the time. As with any ERDF-funded project, this scheme was rigorously scrutinised and audited – indeed, the findings of an audit by MHCLG in September 2023 found no issues with our procurement approach. We believe the funding was spent appropriately, following the r
The quoted comment in the source was truncated; the council’s full response will be published when available.
Local impact and next steps
The ruling has immediate financial implications for the council’s budget and for the Chiverton Cross element of the wider A30 dualling scheme. It also highlights the sensitivities around procurement that prioritises local suppliers, which can be challenged as discriminatory under public contracting rules.
How the council will meet the repayment sums and whether there will be further appeals or negotiations with MHCLG has not been disclosed. The judgment is likely to prompt a review of procurement procedures for major locally delivered infrastructure projects, and may affect how future bids for external funding are prepared and documented.
Further updates will follow as the council provides its full, unabridged response and any steps it intends to take in light of the High Court’s decision.
