The Claimant applied for judicial review of the decision of Winchester City Council to authorise variations to a contract with a developer to build a new mixed retail, residential and transport centre in the heart of Winchester city centre. As a councillor, he sought to challenge the decision to authorise variations of a contract between … Continue reading Gottlieb, Regina (on The Application of) v Winchester City Council: Admn 11 Feb 2015
The claimant had tendered for a part in a major nuclear decommissioning project. Judges: Lord Dyson MR, Tomlinson, Vos LJJ Citations: [2015] EWCA Civ 1262, [2015] WLR (D) 528, 163 Con LR 27, [2016] PTSR 689 Links: Bailii, WLRD Statutes: Public Contracts Regulations 2006 Jurisdiction: England and Wales Citing: Appeal from – Energy Solutions EU … Continue reading Energysolutions EU Ltd v Nuclear Decommissioning Authority: CA 15 Dec 2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
Merton applied under Regulation 47H of the Public Contracts Regulations 2006 (as amended) to set aside the automatic suspension that had been in place since the issue of proceedings. The court now gave reasons for lifting the ban. Stuart-Smith J [2015] EWHC 2694 (TCC) Bailii Local Government Updated: 04 January 2022; Ref: scu.552773
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender. Held: There had been an original tendering process and the new actions of the respondent could be … Continue reading Edenred (UK Group) Ltd and Another v HM Treasury and Others: SC 1 Jul 2015
Coulson J [2015] EWHC 876 (TCC), [2015] PTSR 1470 Bailii Public Contracts Regulations 2006 England and Wales Administrative Updated: 29 December 2021; Ref: scu.545606
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. Etherton Ch, Underhill, King LJJ [2015] EWCA Civ 326 Bailii Public Services Regulations 2006, Directive EU No 2004/38 England and Wales Citing: At first instance (1) – Edenred (UK Group) Ltd, … Continue reading Edenred (UK Group) Ltd v HM Treasury and Others: CA 31 Mar 2015
Application to strike out a claim on the ground that the claim form was not served within the prescribed time limit. The claim is a procurement challenge in which the Claimant claims damages and a declaration of ineffectiveness in respect of the award of a contract by the Defendant for the construction of a leisure … Continue reading Heron Bros Ltd v Central Bedfordshire Council: TCC 20 Mar 2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the National Savngs and Investments. Held: The MoU between HMRC and NSandI is not a ‘public services … Continue reading Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others: QBD 22 Jan 2015
The appellant had overstayed the permitted period of free parking in a retail park by nearly an hour. The parking was managed by the respondent who had imposed a charge of 85.00 pounds. The judge had found that the appellant was in breach of a contract entered into when parking. The charge had been a … Continue reading Parkingeye Ltd v Beavis: CA 23 Apr 2015
Application by the Defendant, for the lifting of the automatic suspension which arose on issue of a procurement challenge by the Claimant pursuant to regulation 96(1)(a) of the Public Contracts Regulations 2015; and an application by Draeger for an . .
Judges: His Honour Judge Keyser QC Citations: [2022] EWHC 2082 (TCC) Links: Bailii Statutes: Public Contracts Regulations 2015 96(1) Jurisdiction: England and Wales Commercial Updated: 05 November 2022; Ref: scu.682093
Citations: [2022] EWHC 2348 (TCC) Links: Bailii Statutes: Public Contracts Regulations 2015 Jurisdiction: England and Wales Administrative Updated: 15 October 2022; Ref: scu.681421
procurement proceedings governed by the Public Contracts Regulations 2015 – strike out application – granted in part Judges: Mr Justice Stuart-Smith Citations: [2019] EWHC 2211 (TCC) Links: Bailii Jurisdiction: England and Wales Local Government Updated: 25 September 2022; Ref: scu.645913
Application by the Defendant to lift the suspension on entering into a contract imposed by regulation 95(1) of the Public Contracts Regulations 2015 Citations: [2019] EWHC 1315 (TCC) Links: Bailii Jurisdiction: England and Wales Administrative, Commercial Updated: 25 September 2022; Ref: scu.640376
Judges: Mr Alexander Nissen QC Sitting as a Deputy High Court Judge Citations: [2022] EWHC 1532 (TCC) Links: Bailii Statutes: Public Contracts Regulations 2015 Jurisdiction: England and Wales Commercial Updated: 14 August 2022; Ref: scu.679764
Challenge to tenderer’s acceptance of a rival bid. Citations: [2018] EWHC 2213 (TCC) Links: Bailii Statutes: Public Contracts Regulations 2015 Jurisdiction: England and Wales Contract Updated: 26 April 2022; Ref: scu.621149
Judges: Coulson J Citations: [2017] EWHC 1824 (TCC) Links: Bailii Statutes: Public Contracts Regulations 2015 Jurisdiction: England and Wales Administrative, Commercial Updated: 29 March 2022; Ref: scu.593118
Reason as to decision on strike out application. Held: There was no purpose in continuing with the Original Claim because it could not result in any remedy in the Claimant’s favour and that the statement of case should therefore be struck out Judges: Jefford J Citations: [2017] EWHC 1867 (TCC) Links: Bailii Statutes: Public Contracts … Continue reading Perinatal Institute v Healthcare Quality Improvement Partnership: TCC 21 Jul 2017
Claim dismissed Judges: Mrs Justice O’Farrell DBE Citations: [2022] EWHC 46 (TCC), [2022] WLR(D) 21 Links: Bailii, WLRD Statutes: Public Contracts Regulations 2015 18 32(2)(c) Jurisdiction: England and Wales Administrative Updated: 25 March 2022; Ref: scu.671721
The Minister for the Cabinet Office appeals against the decision of O’Farrell J to allow (in part) a claim for judicial review of his decision to award a contract to Public First Limited without public notice or competition, relying on Regulation 32(2)(c) of the Public Contracts Regulations 2015. Judges: The Lord Burnett of Maldon Lord … Continue reading The Good Law Project, Regina (on The Application of) v Minister for The Cabinet Office: CA 18 Jan 2022
Application to lift automatic suspension of a contract award subject to the application by the claimant. Jefford J [2016] EWHC 2626 (TCC) Bailii Public Contracts Regulations 2015 England and Wales Commercial Updated: 24 January 2022; Ref: scu.570607
The Honourable Mrs Justice Joanna Smith DBE [2021] EWHC 3321 (TCC) Bailii Public Contracts Regulations 2015 England and Wales Contract Updated: 08 January 2022; Ref: scu.670710
The claimant claims relief for what it alleges are the defendant’s breaches of public procurement law. His Honour Judge Keyser QC, Sitting as a Judge of the High Court [2021] EWHC 3049 (TCC) Bailii Public Contracts Regulations 2015 89 91 England and Wales Administrative, European Updated: 05 January 2022; Ref: scu.670707
short point of costs upon the settlement of an application to lift any automatic suspension that might still be subsisting in this case pursuant to regulation 95 of the Public Contracts Regulations 2015. [2021] EWHC 114 (TCC) Bailii England and Wales Costs Updated: 11 November 2021; Ref: scu.663130
Failure to Publish Contracts awards details Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic. Held: The contracts had been awarded under emergency conditions and provisions, but there remained a requirement that … Continue reading Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care: Admn 18 Feb 2021
Hearing of the Claimants’ renewed oral applications for permission to claim judicial review in respect of the Defendant’s decisions to make direct awards of contracts for the supply of personal protective equipment to the Interested Parties pursuant . .
Claim for judicial review in respect of the Defendant’s award of a contract for the provision of focus group and communications support services without public notice or competition, relying on Regulation 32(2)(c) of the Public Contracts Regulations . .
The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection. Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it … Continue reading Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017
ECJ Law Relating To Undertakings – Failure to fulfil obligations – Directives 93/36/EEC and 93/37/EEC – Public contracts – Award procedure for public supply and public works contracts – Scope – Definition of contracting authority – Inter-administrative cooperation agreements – Definition of contract – Use of the negotiated procedure in cases not provided for by … Continue reading Commission v Spain C-84/03: ECJ 13 Jan 2005
Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender Judges: CWA Timmermans, P Citations: C-247/02, [2004] EUECJ C-247/02, [2005] 1 CMLR 12, [2004] ECR I-9215 Links: Bailii … Continue reading Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici: ECJ 7 Oct 2004
Failure of a Member State to fulfil its obligations – Directive 93/37/EEC – Public works contracts – Negotiated procedure without prior publication of a contract notice Citations: [2005] 1 CMLR 52, [2004] ECR I-8121, [2004] EUECJ C-385/02 Links: Bailii Jurisdiction: European Cited by: Cited – Edenred (UK Group) Ltd and Another v HM Treasury and … Continue reading Commission v Italy C-385/02: ECJ 14 Sep 2004
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one. Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision … Continue reading Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award of contracts pending resolution. Held: The automatic suspension under the Regulations should not be lifted. The issue of … Continue reading NATS (Services) Ltd v Gatwick Airport Ltd and Another: TCC 2 Oct 2014
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
Mutual Knowledge admissible to construe contract The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations. Held: The appeal succeeded. There were difficulties in construing the contract. The contract … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009
Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under the 2006 Regulations. Held: The suspension of implementation shold stay: ‘where there is a serious argument, … Continue reading Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
No Frustration of Lease through loss of access The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated. Held: The lease was not frustrated. The lease had a term of ten years, and the interruption was … Continue reading National Carriers Ltd v Panalpina (Northern) Ltd: HL 11 Dec 1980
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006
NHS to make drug available The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities. Held: The claim succeeded. NHS England had misdirected itself in law … Continue reading National Aids Trust v National Health Service Commissioning Board (NHS England): Admn 2 Aug 2016
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed … Continue reading Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011
Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system. Held: The statutory system for compensation for unfair dismissal is a complete system, and was intended to replace any common law action for damages arising … Continue reading Johnson v Unisys Ltd: HL 23 Mar 2001
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
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