The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an unsuccessful tenderer for a public contract challenges that award, the issue as to whether the criteria for the award of the contract had been sufficiently clearly set out was to be decided by the court by applying an objective legal standard with reference to a reasonably well informed and diligent tenderer. It did not depend on the evidence of witnesses as to how they had understood the document.
Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Hughes
[2014] UKSC 49, [2014] WLR(D) 351, UKSC 2013/0108, [2014] PTSR 1081, 2014 GWD 25-505, 2014 SLT 769
Bailii, WLRD, Bailii Summary, SC Summary, SC
Scotland
Citing:
Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011
Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd. . .
Outer House (2) – Healthcare At Home Ltd v The Common Services Agency SCS 1-May-2012
Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. . .
Inner House – Healthcare At Home Ltd v The Common Services Agency SCS 21-Mar-2013
Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor. . .
Cited – Davis Contractors Ltd v Fareham Urban District Council HL 19-Apr-1956
Effect of Contract Frustration
The defendant appellants contended that their construction contract was frustrated because adequate supplies of labour were not available to it because of the war.
Held: The court considered how the frustration of the performance of a contract . .
Cited – SIAC Construction v County Council of the County of Mayo ECJ 18-Oct-2001
ECJ Public works contracts – Award to the most economically advantageous tender – Award criteria.
There was a disagreement between the parties as to the interpretation of tender documents.
Held: The . .
Cited – Commission v Netherlands ECJ 10-May-2012
ECJ Failure of a Member State to fulfil obligations – Directive 2004/18/EC – Procedures for the award of public works contracts, public supply contracts and public service contracts – Contract for the supply, . .
Cited – Evropaiki Dynamiki v EMSA ECFI 2-Mar-2010
ECJ Law Relating To Undertakings – Public service contracts EMSA tendering procedures – Provision of information technology services – Rejection of the tender – Action for annulment – Jurisdiction of the Court – . .
Cited – Lammerzahl GmbH v Freie Hansestadt Bremen ECJ 7-Jun-2007
Judgment – Law Relating To Undertakings – Public contracts Directive 89/665/EEC Review procedures concerning the award of public contracts Limitation period Principle of effectiveness
Article 1 of the Directive required member states to take . .
Cited – EVN AG et Wienstrom GmbH v Republik Osterreich ECJ 4-Dec-2003
ECJ Directive 93/36/EEC – Public supply contracts – Concept of the most economically advantageous tender – Award criterion giving preference to electricity produced from renewable energy sources – Directive . .
Cited – Universale-Bau and others v Entsorgungsbetriebe Simmering GmbH ECJ 12-Dec-2002
ECJ Judgment – Directive 93/37/EEC – Public works contracts – Definition of ‘contracting authority’ – Body governed by public law – Restricted procedure – Rules for weighting of criteria for selecting candidates . .
Cited by:
Cited – Owens v Owens CA 24-Mar-2017
Unreasonable Behaviour must reach criteria
W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H.
Held: . .
Lists of cited by and citing cases may be incomplete.
European, Health Professions, Commercial
Updated: 09 November 2021; Ref: scu.535438