Sustainable Development Capital Llp, R (On the Application Of) v Secretary of State for Business, Energy and Industrial Strategy & Anor [2017] EWHC 771 (Admin) (07 April 2017)

Sustainable Development Capital Llp, R (On the Application Of) v Secretary of State for Business, Energy and Industrial Strategy & Anor [2017] EWHC 771 (Admin) (07 April 2017)

Permission to apply for judicial review refused due to undue delay; even if timely, no arguable public law error or breach by Defendants in sale process; Defendants lawfully exercised discretion reserved in process and were not obliged to accept Claimant's bid.

Citation
[2017] EWHC 771 (Admin)
Parties
Claimant: Sustainable Development Capital LLP; First Defendant: Secretary of State for Business, Energy and Industrial Strategy; Second Defendant: UK Government Investments Limited; Interested Party: Macquarie Corporate Holdings Pty Limited; Interested Party: Macquarie Infrastructure and Real Assets (Europe) Limited; Interested Party: Universities Superannuation Scheme Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2017
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up)
Outcome
Permission refused; claim dismissed
Legal Topics
Judicial Review, Delay, Justiciability, Tender Process, Discretion, Legitimate Expectation
Administrative Law Public Law Government Contracts Judicial Review Delay Justiciability Tender Process Discretion +1 more

Case Brief

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Parties

Sustainable Development Capital LLP

Claimant

Secretary of State for Business, Energy and Industrial Strategy

First Defendant

UK Government Investments Limited

Second Defendant

Macquarie Corporate Holdings Pty Limited

Interested Party

Macquarie Infrastructure and Real Assets (Europe) Limited

Interested Party

Universities Superannuation Scheme Limited

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up)

Legal Issues

  1. 1 Whether the claim was brought within the prescribed time under CPR 54.5
  2. 2 Whether the decision to appoint preferred bidder was justiciable
  3. 3 Whether the Defendants acted unlawfully or unfairly in the sale process

Ratio Decidendi

Permission to apply for judicial review refused due to undue delay; even if timely, no arguable public law error or breach by Defendants in sale process; Defendants lawfully exercised discretion reserved in process and were not obliged to accept Claimant's bid.

Court Disposition

Permission refused; claim dismissed

Orders

  • Permission to apply for judicial review refused
  • No relief granted