Bristol Missing Link Ltd v Bristol City Council

Bristol Missing Link Ltd v Bristol City Council

There is a serious issue to be tried regarding the moderation and scoring of BMLL's tender, and the Council's failure to provide adequate disclosure and evidence from relevant evaluators. Damages would not be an adequate remedy for BMLL, a non-profit organisation facing catastrophic consequences if the suspension is lifted. The balance of convenience, including the public interest in review and the lack of demonstrated prejudice to service users from a short delay, favours maintaining the automatic suspension until trial.

Parties
Claimant/respondent: Bristol Missing Link Limited; Defendant/applicant: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Procurement Dispute (application to Lift Automatic Suspension) / Interlocutory Application for Lifting of Automatic Suspension Pending Expedited Trial
Outcome
Application to lift the automatic suspension refused; suspension maintained until after expedited trial.
Legal Topics
Automatic Suspension Under Public Contracts Regulations, Interim Injunction Principles, Tender Evaluation and Moderation, Disclosure Obligations in Procurement Litigation
Public Procurement Administrative Law Automatic Suspension Under Public Contracts Regulations Interim Injunction Principles Tender Evaluation and Moderation Disclosure Obligations in Procurement Litigation

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Parties

Bristol Missing Link Limited

Claimant/respondent

Bristol City Council

Defendant/applicant

Procedural Posture

Procurement Dispute (application to Lift Automatic Suspension) / Interlocutory Application for Lifting of Automatic Suspension Pending Expedited Trial

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding the lawfulness of the tender evaluation and moderation process
  2. 2 Whether the balance of convenience favours maintaining or lifting the automatic suspension under Regulation 47G/H of the Public Contracts Regulations 2006
  3. 3 Whether damages would be an adequate remedy for the claimant or the defendant

Ratio Decidendi

There is a serious issue to be tried regarding the moderation and scoring of BMLL's tender, and the Council's failure to provide adequate disclosure and evidence from relevant evaluators. Damages would not be an adequate remedy for BMLL, a non-profit organisation facing catastrophic consequences if the suspension is lifted. The balance of convenience, including the public interest in review and the lack of demonstrated prejudice to service users from a short delay, favours maintaining the automatic suspension until trial.

Court Disposition

Application to lift the automatic suspension refused; suspension maintained until after expedited trial.

Orders

  • The automatic suspension under Regulation 47G remains in place until the conclusion of the expedited trial.