The Council secured summary judgment in response to a challenge—brought under the Procurement Act 2023—against its ongoing Homecare Framework procurement, valued at approximately £928 million. Verity contested one of the procurement’s conditions of participation, a point not raised by any other bidder, and also sought interim relief.
This decision is the first issued under the Procurement Act 2023 to apply the Act’s rules on time limits for bringing claims.
Implications for contracting authorities:
- Time limits are critical. Claims brought outside the statutory period can be dismissed at an early stage.
- Interim relief is not guaranteed. The court indicated it would have refused both an extension of time and interim relief.
- Evidence of supplier knowledge is key. Establishing when a supplier became aware of the issue is essential in determining whether a claim is timely.