Court Case – Moray Off-Shore Renewable Power Limited v. Bluefloat Energy Holdings Limited [2023] CSOH 29 – claim against other bidders

2023csoh29.pdf (scotcourts.gov.uk)

Although the pursuer in this case was unsuccessful, the case highlights that the route for compensation for an unsuccessful bidder in a procurement process is not necessarily restricted to a claim against the body conducting the procurement process. In the right circumstances, there is scope for a claim against other bidders, particularly where a material inaccuracy in the bid documentation can be identified. Such claims are also not constrained by the short timescales (often 30 days) associated with challenges in respect of the procurement decision itself.