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 the Public Services Contracts Regulations 1993.
Held: That ground was rejected, but Richards J added: ‘In any event I have strong doubts about the claimants’ standing to raise this issue, though I need express those doubts only briefly. The correct procedure is a matter of obvious concern to tenderers or would-be tenderers, but those persons have their own remedies under the regulations themselves. The claimants have not been shown to be affected in any way by the choice of tendering procedure. They have seized on the point simply as a fall-back way of trying to stop the project. I see no wider public interest to be served by allowing a challenge, and in all the circumstances the claimants should not in my view be regarded as having a sufficient interest for the purposes of the PFI challenge.’
Judges:
Richards J
Citations:
[2001] EWHC Admin 527, [2002] Env LR 15
Links:
Statutes:
Public Services Contracts Regulations 1993
Jurisdiction:
England and Wales
Cited by:
Cited – Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another QBD 30-Nov-2001
The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations . .
Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
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 . .
Lists of cited by and citing cases may be incomplete.
Local Government, Planning
Updated: 07 September 2022; Ref: scu.140345
