Tag: Court Case

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…

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…

The High Court (Constable J) has held that a limitation of liability clause in a contract for the digital transformation of the services of a non-departmental public body provided a single, aggregate cap that applied to all claims rather than multiple, separate caps. The digital transformation project was beset by delays, with each side blaming…

This case from Ireland, under EU procurement regulations, is relevant as it may influence UK cases under PCR 2015 and similar rules in the Procurement Act. The Facts The case involved a procurement for public lighting, led by Mayo County Council for itself and six other councils. Breedon, who placed third, raised concerns about the…

This case concerns the treatment of non-compliant tenders, the circumstances in which exclusion of a tender is permitted, and in particular the application of the principles of transparency and equal treatment in the context of errors in a pricing schedule for a call-off under a framework agreement. In summary: The claimant (Optima Health) tendered for…

On 2 July 2014, the English High Court held that Mansfield District Council (MDC) had breached EU law in the award of two sub-threshold procurement contracts by failing to advertise them publicly. This ruling is a reminder to contracting authorities of the importance of abiding by the general principles of equal treatment, non-discrimination, transparency and…

 These proceedings are concerned with a procurement challenge arising out of the Competition for the Fourth Licence to run the National Lottery.  In summary: The sub-contractor of an unsuccessful bidder in a public procurement process had no standing under the Concession Contracts Regulations 2016 to challenge the award of the contract to the successful bidder…

High Court. A useful summary of how the law applies to tender evaluation. In the case of Braceurself v NHS England EWHC 1532 (TCC), the High Court examined the merits of a procurement challenge in respect of tender evaluation and was prepared to re-score the challenger’s tender, changing the result of the procurement. In a judgment the…

This case confirms that where a claimant alleges an illegal direct award without an advertised process, the only way to reduce the time period for an ineffectiveness claim to 30 days is to publish a contract award notice. Brookhouse Group Limited v Lancashire County Council [2023] EWHC 2921 (TCC) (17 November 2023) (bailii.org) The dispute…

The High Court handed down the approved judgment on Monday 6 November 2023 in the case between Siemens Mobility Limited (“Siemens”) and High Speed Two (HS2) Limited (“HS2”). Siemens were unsuccessful in all their claim against High Speed Two (HS2) Limited. Siemens challenged the lawfulness of the public procurement process carried out by HS2 under…

Teleperformance Contact Ltd v Secretary of State for the Home Department [2023] EWHC 2481 (TCC) (06 October 2023) (bailii.org) In this case the Technology and Construction Court (TCC) has lifted the automatic suspension in a procurement challenge. That challenge arose following a procurement process ran by the Secretary of State for the Home Department (“𝘁𝗵𝗲…

River Ridge Recycling (Portadown) Ltd and ARC21 [2023] NIKB 86 | Judiciary NI The case relates to an award of a waste contract by Arc 21 (“𝘁𝗵𝗲 𝗔𝘂𝘁𝗵𝗼𝗿𝗶𝘁𝘆”) using a dynamic purchasing system (DPS). The Authority is a joint committee appointed by six councils (including Belfast City Council) to discharge certain waste related functions. The…

Local authorities and others affected by subsidy control will be interested in the above judgment. 1577/12/13/23 The Durham Company Limited v Durham County Council – Order (Permission to Appeal and Costs) | 11 Oct 2023 (catribunal.org.uk) Durham Company Limited v Durham County Council concerned an alleged subsidy decision made by Durham County Council (the “Council”).…

Topalsson GmbH v Rolls-Royce Motor Cars Ltd [2023] EWHC 1765 (TCC) (12 July 2023) (bailii.org) In the case of Topalsson v Rolls Royce Motor Cars, the termination of the agreement between Topalsson and Rolls Royce Motor Cars was effectively executed through a second termination notice. The case highlights the precarious nature of entering into a general project development…

Time limits also came under scrutiny In Altiatech v Birmingham City Council. The defendant authority ended a contract with Altiatech for the provision of cyber security software using a termination for convenience clause. No reasons were given, and a direct award was issued to another provider. Altiatech ultimately brought a claim challenging the award. It…

International Game Technology PLC & Ors v Gambling Commission (No. 2 – Consequentials) [2023] EWHC 2226 (TCC) (08 September 2023) (bailii.org) This case held that a sub-contractor of an unsuccessful bidder has no standing to challenge a contract award or seek damages under the Concessions Contracts Regulations 2016 (CCR). The court considered the definition of…

Dukes Bailiffs Ltd v Breckland Council [2023] EWHC 1569 (TCC) (26 June 2023) (bailii.org) Dukes Bailiff challenged a contract award for debt enforcement services under the PCR however Breckland Council successfully argued that the PCR did not apply as the contract was in fact a concession contract. As the value of the contract was below…

InHealth Intelligence Ltd v NHS England [2022] EWHC 2471 (TCC) (06 October 2022) (bailii.org) InHealth brought a claim against NHS England when it failed to submit its bid before the deadline due to a human error. InHealth uploaded a document to the wrong lot which then led to the bidder being unable to re-upload the…

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…

Making changes to existing contracts is common. What is not so common is a challenge in the Courts to such changes. In James Waste Management LLP v Essex County Council it was alleged by James Waste that Essex Council had varied a contract beyond the narrow boundaries permitted by the Public Contracts Regulation 2015 (“PCR…

I received an interesting question last week concerning UK Universities and why some say they are not contracting authorities and therefore not subject to PCR15 / public procurement law. It is all down to their income streams. If they are financed for the most part (more than 50%) by public funds, then they fall within…

We have all seen it before. There hidden in the small print deep in the tender submission is a list of caveats and assumptions that underpin the tenderer’s price. Often these assumptions are a reasonable and necessary part of the process. However sometimes technical and pricing assumptions can be a devious mechanism used by the…

In summary if a dissatisfied economic operator brings a claim against a contracting authority, the latter cannot simply abandon the procurement process to avoid the claim.  Amey Highways Ltd v West Sussex County Council [2019] EWHC 1291 (TCC) (24 May 2019) (bailii.org) Amey Highways Ltd v West Sussex County Council [2019] EWHC 1291 (TCC). The…

The case was AbbVie v NHS England [2019] and concerned a £1bn contract for Hepatitis C drugs. This case confirms that contracting authorities/utilities benefit from a broad discretion when designing and setting award criteria. Notably, the fact the model might favour a particular bidder over another does not automatically make the methodology unfair. The case also confirms…

Proof IT SIA v European Institute for Gender Equality (Case T-10/17), considered incumbent advantage. Proof asserted that the vague contract award criteria used gave the evaluation committee excessively broad discretion. This discretion allowed the panel to award more points to the successful tenderer because of knowledge that the provider had acquired during performance of a similar…

SRCL Ltd (“SRCL”) (now Stericycle) challenged NHS England’s decision to award to another bidder a contract for clinical waste services. Bidders were invited to submit bids by way of an e-auction designed to drive prices down through more effective competition. SRCL (the main incumbent) were unsuccessful and brought a challenge alleging that both the winning…

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…

The court will only interfere in an evaluation if there has been “manifest error”, and when assessing that, evaluators are entitled to act within what is called a “margin of discretion”. Bechtel, an unsuccessful bidder, challenged the outcome and process of the procurement, alleging that there were manifest errors in scoring, that there were inadequate…

“the equal treatment principle requires that comparable situations must not be treated differently and that different situations must not be treated in the same way, unless such treatment is objectively justified” The European Court of Justice (‘Court’) highly significantjudgment on procurement matters – Fabricom SA v Belgium (Judgment Joined Cases C-21/03, C-34/03, 3 March 2005).…

Transparency and a RWIND (reasonably well-informed and normally diligent) tenderer. The issue is not what the invitation to tender meant but whether its meaning would be clear to any RWIND tenderer, and is suitable for objective determination.  The Court should approach such cases by placing itself in the position of the reasonably informed tenderer, looking…