The 30 day time limit for procurement challenge is clear but when does the clock start ticking? — Siemens Mobility Ltd v High Speed Two (HS2) Ltd .

We see instances when contracting authorities believe the clock starts rigidly when they inform bidders of the outcome, however if you withhold information (intentionally or by error) from unsuccessful bidders this 30 day period could start much later and open a challenge at a future date. The case law is clear; The clock is stated to run from “the date when the Claimant first knew or ought to have known that grounds for starting the proceedings had arisen”.

We have been provided with further guidance on when things about which a Claimant “ought to have known” in Siemens Mobility Ltd v High Speed Two (HS2) Ltd .This judgment provides a useful analysis of the case law on this often confusing situation about the 30 day limitation period for procurement claims, and the point at which a Claimant can be said to have acquired or should have acquired enough knowledge to start that limitation clock running.

The judgement is worth a read.