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 the details of the contract be published, and that had not happened as was required.
There was no evidence that the breaches of the Regulations had been systematic as alleged, but equally the respondent had been prompted by the action to bring forward publication of the details of contracts as they became available.
Courts should be cautious before adding to judicial review challenges, additional parties with no direct standing and serving only to add perhaps political standing.
Mr Justice Chamberlain
[2021] EWHC 346 (Admin), [2021] WLR(D) 117
Bailii, Judiciary, WLRD
Public Contracts Regulations 2015
England and Wales
Citing:
Cited – Regina on the Application of Kathro and Others and Llantwit Fardre Community Council v Rhondda Cynon Taff County Borough Council Admn 6-Jul-2001
Local residents sought to challenge the proposed determination of a planning application which involved a private finance initiative. One of the grounds was that the use of a negotiated tendering procedure for the purposes of the PFI was contrary to . .
Cited – Wylde and Others v Waverley Borough Council Admn 9-Mar-2017
The claimants challenged the procurement methods of the respondent in acquiring land to support a development. The Court considered their standing to bring such proceedings.
Held: Arden LJ’s observations in Chandler (and Richards J’s in . .
Cited – Gottlieb, Regina (on The Application of) v Winchester City Council Admn 11-Feb-2015
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 . .
Cited – Cookson and Clegg Ltd, Regina (on the Application of) v Ministry of Defence and Another CA 22-Apr-2005
Renewed application for leave to appeal granted.
Held: For an economic operator, if a claim under the Public Contracts Regulations may be brought, a claim for judicial review may not . .
Cited – Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families CA 9-Oct-2009
The claimant challenged the scheme set out for procurement when making arrangements with a sponsor for establishing a school as an Academy school. . The main ground of challenge was that the procurement did not comply with the Public Contracts . .
Cited – Stanley International Betting And Stanleybet Malta v Ministero dell’Economia e delle Finanze ECJ 22-Jan-2015
(Judgment) Reference for a preliminary ruling – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Betting and gambling – National rules – Reorganisation of the licensing system through the alignment of licence . .
Cited – Unison, Regina (on The Application of) and Another v NHS Shared Business Services Ltd and Another Admn 15-Mar-2012
The claimant trades union sought to challenge the respondent’s decision to outsource various services, saying they had been in breach of the 2006 Regulations. The respondents said that the Regulations did not apply.
Held: There may be . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg Admn 30-Jul-1993
The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers of the European Parliament without it having been approved by . .
Cited – Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
Cited – Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .
Cited – Jones and Others v The Commissioner of Police for The Metropolis Admn 6-Nov-2019
Distributed Demonstration not within 1986 Act
The claimants, seeking to demonstrate support for the extinction rebellion movement by demonstrating in London, now challenged an order made under the 1986 Act restricting their right to demonstrate.
Held: The XRAU was not a public assembly at . .
Cited – McCourt, Regina (on The Application of) v The Parole Board for England and Wales and Others Admn 1-Sep-2020
The mother of a murder victim sought to challenge the release of her murderer on parole. The court considered her standing to seek review, saying: ‘In defining the standing requirement, Parliament chose a deliberately open-textured phrase: an . .
Cited – Regina v Loveridge, Regina v Lee; Regina v Loveridge CACD 11-Apr-2001
The police took secret videos of defendants whilst in the cells at the local Magistrates Court. The prosecution later sought to use the videos in identifying the defendants as participants in another crime. The filming was both unlawful under the . .
Cited – Spurrier, Regina (on The Application of) v The Secretary of State for Transport Admn 2019
Live streaming of video and audio from a court room is prohibited. . .
Lists of cited by and citing cases may be incomplete.
Administrative, Judicial Review
Updated: 01 November 2021; Ref: scu.658885