The claimant said he had been wrongfully excluded from tendering for work by the respondent under the Regulations. He had worked for the respondent as a contractor for many years. He complained that a reference provided by one of the decision makers was inaccurate, and given in bad faith.
Held: The papers had failed to raise within the time limit set, the issue of contravention of the regulations. Accordingly it was time barred. The regulation was not invalid under European law. The claimant had failed to show bad faith in such a way as to allow a claim for misfeasance in public office.
Judges:
Lord Justice Mummery, Lord Justice Rix, Lord Justice Judge
Citations:
[2003] EWCA Civ 52
Links:
Statutes:
Public Services Contracts Regulations 1993 (SI 1993 no 3328), Council Directive 92/50/EEC
Jurisdiction:
England and Wales
Local Government, European, Torts – Other
Updated: 27 October 2022; Ref: scu.178787
