Bromcom Computers Plc v United Learning Trust & Anor

Bromcom Computers Plc v United Learning Trust & Anor

United Learning Trust breached the Public Contracts Regulations 2015 by making manifest errors in cost and quality scoring, failing to clarify uncertainties in Bromcom's bid, and unlawfully allowing Arbor to benefit from a rebate relating to a separate contract. The use of averaging in quality scoring without proper moderation or reasons was a breach of the duty of transparency. These breaches were sufficiently serious to justify an award of damages, as they would have changed the outcome of the procurement in Bromcom's favour. The claim was not time-barred, as Bromcom did not have the requisite knowledge of the breaches until after 22 and 23 April 2020. Bromcom's covert recording of...

Parties
Claimant: Bromcom Computers Plc; First Defendant: United Learning Trust; Second Defendant: United Church Schools Trust
Jurisdiction
England and Wales
Judgment Date
19 December 2022
Procedural Posture
Procurement Challenge (damages Only) / Judgment on Liability and Causation
Outcome
Claim allowed on liability and causation; damages to be assessed.
Legal Topics
Breach of Public Contracts Regulations 2015, Damages for Procurement Breaches, Evaluation and Scoring of Tenders, Limitation Periods in Procurement Claims, Transparency and Equal Treatment in Procurement, Manifest Error in Evaluation, Seriousness of Breach (francovich)
Public Procurement Contract Law Administrative Law Breach of Public Contracts Regulations 2015 Damages for Procurement Breaches Evaluation and Scoring of Tenders Limitation Periods in Procurement Claims Transparency and Equal Treatment in Procurement +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Bromcom Computers Plc

Claimant

United Learning Trust

First Defendant

United Church Schools Trust

Second Defendant

Procedural Posture

Procurement Challenge (damages Only) / Judgment on Liability and Causation

Legal Issues

  1. 1 Whether the defendants breached the Public Contracts Regulations 2015 in the procurement process for a Management Information System (MIS) contract
  2. 2 Whether the scoring and evaluation of bids was unlawful, including cost and quality scoring
  3. 3 Whether the breaches were sufficiently serious to justify an award of damages

Ratio Decidendi

United Learning Trust breached the Public Contracts Regulations 2015 by making manifest errors in cost and quality scoring, failing to clarify uncertainties in Bromcom's bid, and unlawfully allowing Arbor to benefit from a rebate relating to a separate contract. The use of averaging in quality scoring without proper moderation or reasons was a breach of the duty of transparency. These breaches were sufficiently serious to justify an award of damages, as they would have changed the outcome of the procurement in Bromcom's favour. The claim was not time-barred, as Bromcom did not have the requisite knowledge of the breaches until after 22 and 23 April 2020. Bromcom's covert recording of...

Court Disposition

Claim allowed on liability and causation; damages to be assessed.

Orders

  • Declaration that United Learning Trust breached the Public Contracts Regulations 2015 in the procurement process for the MIS contract.
  • Declaration that the breaches were sufficiently serious to justify an award of damages to Bromcom.