Supreme Court to hear Weis v. GMCA case
Summary
The UK Supreme Court has agreed to hear Weis Group’s appeal over Greater Manchester Combined Authority’s loans to Renaker-linked special purpose vehicles, focusing on how the 2022 Subsidy Control Act applies and the jurisdiction of the Competition Appeal Tribunal. The case follows earlier rulings in favour of GMCA, while also raising questions about whether the lending process complied with public authority decision-making requirements.
Why it matters
The outcome may clarify how subsidy control challenges against public sector lending are handled, including the boundary between the Competition Appeal Tribunal and judicial review. That has implications for surveyors and advisers involved in development finance, viability, and public-sector-backed housing schemes.
Key points
- Supreme Court will hear the case in spring or summer, with judgment expected months later.
- The dispute concerns two GMCA loans totalling £120m to Renaker-related SPVs.
- Weis Group argues the loans were an unlawful subsidy under the Subsidy Control Act 2022.
- Lower courts found in favour of GMCA, but the Court of Appeal noted concerns about due diligence and interest-rate setting.
- The appeal may clarify whether subsidy disputes belong in the CAT or via judicial review in the Administrative Court.
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