Bristol Missing Link Ltd v Bristol City Council [2015] EWHC 876 (TCC) (01 April 2015)

Bristol Missing Link Ltd v Bristol City Council [2015] EWHC 876 (TCC) (01 April 2015)

There is a serious issue to be tried regarding the moderation and scoring of the claimant's tender; damages would not be an adequate remedy for the claimant due to its non-profit status and catastrophic consequences; the balance of convenience favours maintaining the automatic suspension until trial, as prejudice to the Council and service users is negligible and the public interest in review is significant.

Citation
[2015] EWHC 876 (TCC)
Parties
Claimant/respondent: Bristol Missing Link Limited; Defendant/applicant: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Procurement Challenge Under Public Contracts Regulations 2006 / Interlocutory Application to Lift Automatic Suspension
Outcome
Application to lift automatic suspension refused; automatic suspension remains in force until conclusion of expedited trial.
Legal Topics
Automatic Suspension, Tender Evaluation, Moderation Process, Adequacy of Damages, Remedy of Review
Public Procurement Contract Law Automatic Suspension Tender Evaluation Moderation Process Adequacy of Damages Remedy of Review

Case Brief

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Parties

Bristol Missing Link Limited

Claimant/respondent

Bristol City Council

Defendant/applicant

Procedural Posture

Procurement Challenge Under Public Contracts Regulations 2006 / Interlocutory Application to Lift Automatic Suspension

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding the moderation and scoring of the claimant's tender
  2. 2 Whether the automatic suspension should be lifted pending trial
  3. 3 Adequacy of damages as a remedy for the claimant

Ratio Decidendi

There is a serious issue to be tried regarding the moderation and scoring of the claimant's tender; damages would not be an adequate remedy for the claimant due to its non-profit status and catastrophic consequences; the balance of convenience favours maintaining the automatic suspension until trial, as prejudice to the Council and service users is negligible and the public interest in review is significant.

Court Disposition

Application to lift automatic suspension refused; automatic suspension remains in force until conclusion of expedited trial.

Orders

  • Automatic suspension under Regulation 47G(1) to remain in place until after expedited trial in June 2015.