Results: 141

• Heron Bros Ltd v Central Bedfordshire Council

  20 Mar 2015 [2015] EWHC 604 (TCC); [2015] PTSR 1146; [2015] BLR 362; [2015] WLR (D) 137, QBD (Edwards-Stuart J)

  Subsequent considerations : 1 negative. Subsequent citations: 10.
  PUBLIC PROCUREMENT — Claim form — Service
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  PUBLIC PROCUREMENT — Claim form — Service — Claimant seeking to challenge defendant’s procurement process — Whether claim form served within prescribed time limit — Whether power or discretion to extend time for service — When valid service effected — Whether time limits breaching European Union principle of equivalence — Whether sending unsealed copy of claim form to defendant valid service within time limit — Whether defects in served claim form curable — Public Contracts Regulations 2006 (SI 2006/5), reg 47F (as inserted by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and amended by Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(4)) — CPR rr 6.14, 7.5(1)

  7 Case(s) considered

  2 Statutory Instruments considered

• Generali-Providencia Biztosító Zrt v Közbeszerzési Hatóság Közbeszerzési Döntobizottság

  18 Dec 2014 (Case C-470/13); [2015] PTSR 612; [2014] WLR (D) 545; EU:C:2014:2469, ECJ

  Subsequent citations: 5.
  EUROPEAN UNION — Public procurement — Contract award procedure

  EUROPEAN UNION — Reference for a preliminary ruling — Public procurement
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  EUROPEAN UNION — Public procurement — Contract award procedure — Exclusion of economic operator — Contract falling below threshold for application of EU Directive — National legislation excluding economic operator from tendering procedure for prior infringement of competition rules established by judgment — Whether EU Treaty provisions relating to freedom of establishment and freedom to provide services precluding national legislation — FEU Treaty, arts 49FEU, 56FEU — Parliament and Council Directive2004/18/EC (as amended by Commission Regulation (EC) No 1177/2009, art 2), arts 7(b), 45(2)

  EUROPEAN UNION — Reference for a preliminary ruling — Public procurement — Contracts falling below the threshold laid down in Directive 2004/18/EC — Articles 49 TFEU and 56 TFEU — Applicability — Certain cross-border interest — Grounds for exclusion from a tendering procedure — Exclusion of an economic operator having committed an infringement of national competition rules, established by a judgment given not more than five years ago — Lawfulness — Proportionality

  3 Case(s) considered

  2 EU Enactments considered

• R (GRA Acquisition Ltd) v Oxford City Council

  22 Jan 2015 [2015] EWHC 76 (Admin); [2015] PTSR 751; [2015] WLR (D) 47, QBD (Ouseley J)

  PLANNING — Conservation area — Designation
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  PLANNING — Conservation area — Designation — Prospect of housing development on former greyhound racing and speedway stadium stimulating local authority to consider designation of site as conservation area — Whether stadium site “area” for purpose of designation — Whether designation irrational — Whether designation for improper purpose — Whether designation lawful — Planning (Listed Buildings and Conservation Areas) Act 1990, s 69(1)

  1 Case considered

  1 Statute considered
• Energy Solutions EU Ltd v Nuclear Decommissioning Authority

  23 Jan 2015 [2015] EWHC 73 (TCC); [2015] PTSR 1106; [2015] WLR (D) 41, QBD (Edwards-Stuart J)

  15 Dec 2015 [2015] EWCA Civ 1262; [2016] PTSR 689; [2015] WLR (D) 528, CA

  16 May 2016 Permission to appeal to Supreme Court given

  11 Apr 2017 [2017] UKSC 34; [2017] 1 WLR 1373; [2017] PTSR 539; [2017] 4 All ER 1; [2017] WLR (D) 272; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 42.
  PUBLIC PROCUREMENT — Contract awards procedure — Breach

  PUBLIC PROCUREMENT — Contract award procedure — Breach

  DAMAGES — Mitigation — Claim for breach of procurement process
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  PUBLIC PROCUREMENT — Contract awards procedure — Breach — Damages — Unsuccessful tenderer claiming damages for alleged breaches in procurement process — Claim issued within 30-day time limit but after regulatory standstill period and after contract entered into — Scope of discretion to award damages — Public Contracts Regulations 2006 (as amended by Public Contracts (Amendment) Regulations 2009, reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 , reg 12(2)(a))), regs 47D(2), 47J(2)(c) — Council Directive 89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC)

  PUBLIC PROCUREMENT — Contract award procedure — Breach — Damages — Unsuccessful tenderer claiming damages for alleged breaches in procurement process — Claim issued within 30-day time limit but after regulatory standstill period and after contract entered into with successful bidder — Whether discretion to award damages — Whether obligation on claimant to invoke alternative procedure — Public Contracts Regulations 2006 (SI 2006/5) (as amended by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(2)(a)), regs 47D(2), 47J(2)(c) — Council Directive89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 2(1) — Parliament and Council Directive2004/18/EC

  DAMAGES — Mitigation — Claim for breach of procurement process — Standstill period after notification of result of tender process allowing unsuccessful bidder to trigger suspension of contract award by issuing proceedings — Unsuccessful bidder thereby able to prevent loss from failure to obtain contract if claim successful — Whether failing unreasonably to mitigate loss by pursuing damages only claim after end of standstill period

  PUBLIC PROCUREMENT — Contract award procedure — Breach — Damages — European Union law condition limiting liability for breach of EU law right to “sufficiently serious” breaches of duty — Whether applicable to domestic law implementing public procurement Directive — Whether domestic law providing for recovery of damages for less serious breaches of procurement process — Public Contracts Regulations 2006 (SI 2006/5) (as amended by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(2)(a)), regs 47D(2), 47J(2)(c) — Council Directive89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 2(1) — Parliament and Council Directive2004/18/EC

  10 Case(s) considered

  2 EU Enactments considered

  1 Statutory Instrument considered
• Hotak v Southwark London Borough Council

  15 May 2013 [2013] EWCA Civ 515; [2013] PTSR 1338; [2013] LGR 781; [2013] HLR 32; [2013] WLR (D) 180; The Times, 4 July 2013; [2013] BLGR 781, CA (Moore-Bick, Richards, Pitchford LJJ)

  07 Apr 2014 (appn all) [2014] PTSR 757, SC(E)

  13 May 2015 (Equality and Human Rights Commission intervening) [2015] UKSC 30; [2016] AC 811; [2015] 2 WLR 1341; [2015] PTSR 1189; [2015] 3 All ER 1053; [2015] HLR 23; [2015] WLR (D) 224; The Times, 25 May 2015; Case details; [2015] BLGR 530, SC(E) (Lord Neuberger PSC, Lady Hale DPSC, Lord Clarke, Lord Wilson, Lord Hughes JJSC)

  Subsequent considerations : 11 positive; 2 neutral; 1 negative; most recently considered: 2024. Subsequent citations: 149.
  LOCAL GOVERNMENT — Homeless persons — Priority need
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  LOCAL GOVERNMENT — Homeless persons — Priority need — Applicant with learning and other difficulties living with and relying on brother — Applicant subsequently presenting as homeless — Local housing authority finding applicant not “vulnerable” and so not in priority need — Housing authority taking into account continuing assistance received from brother — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Housing Act 1996, s 189(1)(c)

  LOCAL GOVERNMENT — Homeless persons — Priority need — Applicants with mental and physical health problems presenting as homeless — Local housing authority comparing applicants with ordinary homeless persons and finding them not “vulnerable” and so not in priority need — Housing authority taking into account continuing support received by certain applicants from family members — Whether housing authority using correct comparator — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Whether public sector equality duty adding to authority’s duty under homelessness legislation — Housing Act 1996, s 189(1)(c) — Equality Act 2010, ss 15, 149

  7 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• San Vicente v Secretary of State for Communities and Local Government

  05 Dec 2014 [2014] EWCA Civ 1555; [2015] PTSR D9; [2014] WLR (D) 523, CA

  Subsequent citations: 4.
  PLANNING — Planning permission — Refusal
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  PLANNING — Planning permission — Refusal — Inspector deciding to conduct appeal by way of fresh hearing rather than inquiry — Whether non party objectors given reasonable opportunity to raise points — Whether procedural unfairness
• Edenred (UK Group) Ltd v HM Treasury

  22 Jan 2015 [2015] EWHC 90 (QB); [2015] CN 275, QBD (Andrews J)

  31 Mar 2015 [2015] EWCA Civ 326; [2015] CN 604, CA

  01 Jul 2015 [2015] UKSC 45; [2015] PTSR 1088; [2016] 1 All ER 763; [2015] WLR (D) 284; Case details, SC(E)

  Subsequent considerations : 3 neutral; most recently considered: 2023. Subsequent citations: 5.
  PUBLIC PROCUREMENT — Contract award procedure — Public services contract

  PUBLIC PROCUREMENT — Public services contract — Modification of contract
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  PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax free childcare (“TFC”) accounts to be provided by another government department (“NS&I”) — No invitation to tender for provision of new service — NS&I’s services delivered under existing contract by private sector partner — Whether provision of TFC arrangements “public services contract” — Whether delivery of TFC accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5), reg 5(1) — FEU Treaty, art 56

  PUBLIC PROCUREMENT — Contract award procedure — Public services contract — Government agreeing new scheme of tax-free childcare accounts to be provided by government department — No invitation to tender for provision of new services — Department’s services delivered under existing contract by private sector partner — Whether “public services contract” — Whether delivery of childcare accounts necessitating material variation to existing public services contract — Whether failure to tender in breach of Regulations — Public Contracts Regulations 2006 (SI 2006/5) — FEU Treaty, art 56FEU

  PUBLIC PROCUREMENT — Public services contract — Modification of contract — Government agreeing new scheme of tax-free childcare accounts to be funded through HM Revenue and Customs and provided by government department offering retail savings and investment products (“NS&I”) — Arrangement involving variation of NS&I’s operational services delivered under existing public contract by private sector partner — Whether delivery of childcare accounts requiring substantial modification to existing public services contract — Whether failure to tender in breach of Regulations — Whether arrangement involving separate public services contract between Revenue and NS&I’s private sector partner — Childcare Payments Act 2014, s 16(2) — Public Contracts Regulations 2015, reg 72 — Parliament and Council Directive 2014/24/EU

  2 Case(s) considered

  2 EU Enactments considered

  1 Statute considered

  1 Statutory Instrument considered
• R (An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change

  20 Dec 2013 [2013] EWHC 4161 (Admin); [2014] CN 495, QBD (Patterson J)

  01 Aug 2014 [2014] EWCA Civ 1111; [2015] PTSR 189; [2014] WLR (D) 367, CA

  11 Dec 2014 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 neutral. Subsequent citations: 25.
  PLANNING — Development — Consent order
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  PLANNING — Development — Consent order — Secretary of State granting development consent order for nuclear power station — Whether transboundary consultation with Republic of Ireland necessary — Whether development “likely to have significant effects on environment” in Republic of Ireland — Whether Secretary of State erring in failing to consult Irish Republic — Parliament and Council Directive2011/92/EU, art 7

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered
• Croce Amica One Italia Srl v Azienda Regionale Emergenza Urgenza (AREU)

  11 Dec 2014 (Consorzio Lombardia Sanit intervening) (Case C-440/13); EU:C:2014:2435; [2015] PTSR 600; [2014] WLR (D) 531, ECJ

  Subsequent considerations : 1 negative. Subsequent citations: 7.
  EUROPEAN UNION — Public procurement — Public services contract

  EUROPEAN UNION — Reference for a preliminary ruling — Public services contracts
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  EUROPEAN UNION — Public procurement — Public services contract — Contract provisionally awarded to sole tenderer left in tendering procedure — Criminal investigations brought against legal representative of successful tenderer — Contracting authority not proceeding with definitive award and withdrawing invitation to tender — Provision enabling exclusion of operators from tendering procedure on ground of criminal conviction — Whether contracting authority permitted to withdraw invitation to tender where condition for excluding operator not fulfilled — Whether national court able to conduct review of contracting authority’s decision to take account of reliability and suitability of bids — Whether contracting authority acting lawfully — Council Directive89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 1(1) — Parliament and Council Directive2004/18/EC, arts 41(1), 43, 45

  EUROPEAN UNION — Reference for a preliminary ruling — Public services contracts — Directive 2004/18/EC — Directive 89/665/EEC — Personal situation of the candidate or tenderer — Provisional award of the contract — Criminal investigations initiated in respect of the legal representative of the successful tenderer — Decision by the contracting authority not to proceed with the definitive award of the contract and to withdraw the invitation to tender — Judicial review

  1 Case considered

  2 EU Enactments considered

• R (HS2 Action Alliance Ltd) v Secretary of State for Transport

  06 Aug 2014 [2014] EWHC 2759 (Admin); [2014] PTSR 1334; [2014] CN 1471, QBD (Lindblom J)

  09 Dec 2014 [2014] EWCA Civ 1578; [2015] PTSR 1025; [2014] WLR (D) 526, CA

  Subsequent citations: 3.
  PLANNING — Development — Environmental assessment
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  PLANNING — Development — Environmental assessment — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive2001/42/EC, arts 2(a), 3(2)

  PLANNING — Development — Environmental assessment — Major national railways project — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive 2001/42/EC, arts 2(a), 3(2)

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered