Category: Library of useful resources

This judgment arose from judicial review proceedings commenced by Cambrian Offshore South West Limited (COSW) against Norfolk County Council in relation to a decision to withhold certain grant monies. This decision highlights the importance of properly and effectively managing and mitigating conflicts of interest. As the case progresses to a full hearing a pivotal issue…

The court declined to grant summary judgment on a claim for an alleged breach of the Public Contracts Regulations 2015 Pt 2 (2) reg.33(7). Summary judgment had been sought on the basis that the claim had been brought outside the limitation period specified by reg.92(2), but the court found triable issues relating to when the…

The Claimants allege that they have suffered an overcharge, by virtue of theCartel operated by the Defendants (the Overcharge). The Claimants bring thepresent claim to recover that Overcharge from the Defendants as damages for breach of statutory duty.

The High Court has held that the documents of a party’s sub-contractor and sub-sub-contractor were within that party’s control for the purposes of discharging its disclosure obligations in the litigation.

Tullyraine Quarries Ltd, the plaintiff, has issued a writ challenging a procurement competition conducted by the defendant. The plaintiff now applies for early discovery and by notice of motion seeks discovery of documents. This is useful reminder of what records need to be kept and how they are discoverable.

Court of Appeal Wednesday 12 June 2024 The 30-day time limit under the Public Contracts Regulations 2015 Pt 3 (6) reg.93(5) for seeking a declaration of ineffectiveness under reg.99, running from an interested economic operator being given the “relevant reasons” it had been unsuccessful, did not apply where the declaration was sought on the ground…

The Court overturned the Government’s decision to reject BCC’s proposals due to procedural fairness but dismissed BCC’s main claim regarding a legitimate expectation of continued PFI credits for 12 years. The Court found that the original government documents did not limit the Government’s authority to terminate PFI credits only in “exceptional circumstances.”

On 6 June 2024, the European Court of Justice (ECJ) handed down its judgment on a request for a preliminary ruling from a Slovak court regarding claims for damages from a bidder that was excluded from a procurement procedure. In this case, INGSTEEL spol sro (Ingsteel) was excluded because it failed to meet the economic…