Source: All England Reporter
Publisher Citation: [2010] All ER (D) 55 (Sep)
Neutral Citation: [2010] EWCA Civ 1197
Court: Court of Appeal, Civil Division
Judge:

Pill, Rimer and Sullivan LJJ (judgment delivered extempore)
Representation Michael Bowsher QC and Abdurahman Jafar (instructed by Azam & Co) for the claimant.
  Paul Nicholls (instructed by the Legal Director, Legal Services Commission) for the defendant.
Judgment Dates: 10 September 2010

Catchwords

Contract - Public contract - Public procurement - Claimant firm of solicitors supplying publicly funded immigration services to defendant - Defendant seeking invitations to tender for extension of services - Claimant failing to respond to tender by specified deadline - Claimant commencing proceedings against defendant for alleged breaches of duty by failing expressly to identify deadline by direct communication and refusing an extension of time - Judge dismissing claim - Whether defendant in breach of duties of equal treatment and transparency - Whether defendant failing to give effect to claimant's legitimate expectation - Whether defendant's refusal of extension of time in breach of principle of proportionality - Public Contracts Regulations 2006, , reg 47.

The Case

Contract Public contract. The Court of Appeal, Civil Division, held that the judge had not erred in law in dismissing the claimant solicitor's firm claim for relief against the defendant Legal Services Commission pursuant to reg 47 of the Public Contracts Regulations 2006, , on the basis that the breaches of duty alleged by the claimant were without justification.

Practice Areas

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