Source: All England Reporter
Publisher Citation: [2001] All ER (D) 184 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Thorpe, Dyson LJJ and Astill J
Representation Jonathan Crow and Rhodri Thompson (instructed by the Treasury Solicitor) for DOH.
  Adam Lewis (instructed by DLA) for the claimant
Judgment Dates: 13 July 2001

Catchwords

Contract - Public body - Public sector contracts - Defendant contracting authority inviting tenders for provision of recruitment website - Claimant's tender rejected - Whether contract for computer-related services or personnel services - Whether authority failing to comply with correct procedure - Whether claim time barred - Public Services Contracts Regulations 1993.

The Case

Where a service provider was challenging the lawfulness of the tendering process used by a defendant contracting authority, policy reasons dictated that the cause of action could arise before the tendering process had been completed. On the facts of the instant case, the cause of action had arisen at the date of issue of the briefing document, and the judge had fallen into error in exercising his discretion to extend time.

Practice Areas

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