D&G Cars Ltd v Essex Police Authority

D&G Cars Ltd v Essex Police Authority

The proposed amendments to the Particulars of Claim constituted a new cause of action, introducing allegations of intentional wrongdoing and bad faith, and were therefore statute-barred under the relevant limitation provisions. However, relevant allegations of bad faith may be pleaded in Reply to rebut the defence under Regulation 23(4)(e), provided they are strictly limited to material relevant to the defence.

Parties
Appellant/claimant: D&G Cars Limited; Respondent/defendant: Essex Police Authority
Jurisdiction
England and Wales
Judgment Date
16 May 2013
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Amendment of Pleadings
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Limitation Periods, Equal Treatment, Non Discrimination, Bad Faith in Tender Process
Public Procurement Contract Law Civil Procedure Amendment of Pleadings Limitation Periods Equal Treatment Non Discrimination Bad Faith in Tender Process

Case Brief

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Parties

D&G Cars Limited

Appellant/claimant

Essex Police Authority

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Amendment of Pleadings

Legal Issues

  1. 1 Whether proposed amendments to Particulars of Claim constitute a new cause of action barred by limitation
  2. 2 Whether allegations of bad faith and conscious bias can be pleaded in Reply
  3. 3 Interpretation of Regulation 4(3) and Regulation 23(4)(e) of the Public Contracts Regulations 2006

Ratio Decidendi

The proposed amendments to the Particulars of Claim constituted a new cause of action, introducing allegations of intentional wrongdoing and bad faith, and were therefore statute-barred under the relevant limitation provisions. However, relevant allegations of bad faith may be pleaded in Reply to rebut the defence under Regulation 23(4)(e), provided they are strictly limited to material relevant to the defence.

Court Disposition

Appeal dismissed

Orders

  • Police authority’s costs to be in the case
  • No disturbance of costs orders in courts below