Category: Library of useful resources

Automatic suspension lifted under PCR2015 The Court found that damages would be an adequate remedy for SRCL. On that basis alone, the application to lift was successful. The Court was not persuaded by arguments to the contrary advanced by SRCL, commenting that the contracts were not “prestigious in any real way; there is simply a…

The application to lift the automatic suspension was granted on the basis that, on balance, the public benefits derived from the new contract were greater than the risk that damages were not an adequate remedy for the claimant. This is under PCR2015.

DWP failed in an application to lift the automatic suspension. This procurement is subject to PCR 2015. The application to lift the automatic suspension was rejected on the basis that there was a serious issue to be tried and damages would not be an adequate remedy for the claimant. The judgment also took account of…

This case relates to commercial concerns as to the risk of sensitive information being leaked and/or misused and the establishment of a Confidentiality Ring in proceedings challenging a procurement decision by the Council in relation to a services provision contract.

Court of Justice, C‑415/23 P, 12 June 2025. Competitive dialogue.Conflict of interest. Switch/hiring staff of (other) bidders during procedure. Be careful.While the principle of equality is not infringed by the mere fact of recruiting, during a competitive dialogue, a managerial employee of a competing bidder who may hold, on the face of it, confidential information on…

Permission to apply for judicial review on both grounds granted. The Claiment, Siderise has established arguable grounds for judicial review with a realistic prospect of success that are not subject to a discretionary bar or other knockout blow.

The judgment in this present case deals with disclosure matters with the full trial to follow. The main areas that will be looked at during the full trial are breach of the Concession Contracts Regulations 2016 in respect of the evaluation of bids, and secondly substantial modifications to the relevant commercial agreements post award. Most…

This case concerns the awarding of lots. In particular, where the authority proposes to limit the number of lots that a particular bidder can win. Whilst this procurement was conducted in Scotland under PCR15 this will be useful in interpreting the requirements under the Procurement Act.

The Court of Appeal upheld the High Court’s decision that Mayo County Council “did not err in its decision to exclude” Killaree Lighting Services Limited’s tender on the basis that it was abnormally low. The Court’s decision provides useful guidance in the area of abnormally low tenders.

This court case looks at contract interpreted and the interactions between remedies and limitation / exclusive clauses. The case concerned the proper construction of a Framework Agreement between SEW and Elster for the provision of Automated Meter Reading units (AMRs). SEW claimed damages for faulty AMR units supplied by Elster, which allegedly failed due to water…

The High Court held that the automatic suspension should be lifted in respect of a £65m public contract  for community equipment and technological equipment. The Judge held that damages would be an adequate remedy for the Claimant and that the balance of convenience favoured the lifting of the suspension. The Court’s judgment provides important guidance…

Contracting Authority successful in lifting the automaticsuspension

ICB applied to lift the automatic suspension and were successful

This case highlights how important it is that contracting authorities comply with their procurement obligations, in particular the EU law duties of transparency and non-discrimination. Key learning from this case: A useful article on the case : EnergySolutions EU Ltd V Nuclear Decommissioning Authority – EM LawShare

Challenge on three grounds• Conflict of interest – former employee of contracting authority now employed by parent company of successful bidder• Manifest errors and/or breach of obligation of transparency• Breach of obligation of equal treatment The judgement in summary: Lifting of automatic suspension was successful – Damages held to be an adequate remedy and no…

The Supreme Court has held, obiter, that whether a contract has been varied or replaced with a new contract should be determined by assessing the parties’ common intention. The parties have a wide margin of choice as to whether to vary or replace a contract; the only limit is that the law should not give…

In this importanr judgement the Judge went on to provide insights into the level of detail an unsuccessful tenderer should receive as part of an assessment summary / standstill letters: – You must give reasons as to the relative advantages of the preferred tenderer. That involves a comparison between the preferred tender and the particular…