Mears Ltd v Leeds City Council [2011] EWHC 40 (QB); [2011] EWHC 1031 (TCC) (liability); [2011] EWHC 2694 (TCC) (costs)

Costs: The winner won’t take it all

Alistair Maughan examines the costs awards in partly successful bidder challenges the court decided that the right approach was to make a proportionate costs order to reflect the extent to which Mears had not been selective in its claims.Despite the liberalisation of the remedies regime, in relation to public procurement over the past three years, …

Continue reading "Costs: The winner won’t take it all"

This post is only available to members.

Tendering: Ask no questions, tell no lies

Catherine Wolfenden and Jorren Knibbe assess the relationship between confidentiality and the procurement process ‘The public body will be obliged to provide information requested under FOIA unless one of the statutory exceptions applies. There are statutory exceptions for confidential and commercially sensitive information, but the protection they provide is less than perfect.’Tendering for public sector …

Continue reading "Tendering: Ask no questions, tell no lies"

This post is only available to members.

Limitation: When do we start?

Simon Pedley and Martin Pennington look at limitation following Uniplex ‘The period for bringing proceedings seeking to have an infringement of the public procurement rules established, should only start to run from the date on which the claimant knew of the infringement, rather than from the date of breach.’The changes made to the Public Contracts …

Continue reading "Limitation: When do we start?"

This post is only available to members.

Litigation: Below the belt

Jonathan Parker assesses the treatment of abnormally low tenders ‘In the current economic climate, increasing numbers of EOs appear to be disposed to submit perilously low tenders in an effort to maintain their cash flow. EOs submitting tenders that are too low can have disastrous consequences for a number of parties.’The coming into force of …

Continue reading "Litigation: Below the belt"

This post is only available to members.