Skip to content
Hendersons - Barristers' Chambers
Articles Public Procurement 5th Aug 2020

Standing to bring a public procurement challenge—key considerations

Lexis Nexis Public Law analysis written by Jonathan Lewis.

In a preliminary issue trial, the court considered the provisions of the Public Contracts Regulations 2015 (PCR 2015) relating to standing to bring a claim. The claimant’s case was that the council had unlawfully amended and extended an existing contract instead of conducting a full public procurement exercise and that, had such an exercise been run, it would have assembled a consortium to bid for the contract and might have won it. In a lengthy judgment, His Honour Judge Russen QC hammered home the fact that a potential challenger has to establish on the balance of probabilities that it has a ‘material interest’ in the procurement in order to bring a claim under PCR 2015. It is not sufficient, in order to meet the requirements of PCR 2015, reg 91, for a claimant to say that it has established only a more than fanciful case that it has, through noncompliance with the regulations, lost a more than fanciful opportunity. Community R4C Ltd v Gloucestershire County Council [2020] EWHC 1803 (TCC)

This article was first published by Lexis®PSL on 23 July 2020, and is reproduced by kind permission of Lexis Nexis.  For more articles like this, please see here

 


Download

Would you like to know more?

If you require help or advice please contact our clerking team

Call - +44 (0)20 7583 9020
or email our clerks

Shortlist close
Title Type CV

Remove All

Download


Click here to email this list.