Sustainable Development Capital Llp, R (On the Application Of) v Secretary of State for Business, Energy and Industrial Strategy & Anor

Sustainable Development Capital Llp, R (On the Application Of) v Secretary of State for Business, Energy and Industrial Strategy & Anor

Permission to apply for judicial review was refused because the claim was not brought promptly, no arguable public law error was demonstrated, and even if permission were granted, a remedy would be refused as a matter of discretion due to prejudice to good administration and third party interests.

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 / Judgment on Permission and Substantive Hearing
Outcome
Permission refused; claim dismissed
Legal Topics
Judicial Review, Delay, Justiciability, Public Law, Tender Process, Discretion, Disclosure
Administrative Law Public Procurement Judicial Review Delay Justiciability Public Law Tender Process Discretion +1 more

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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 / Judgment on Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the claim for judicial review was brought within the prescribed time
  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 was refused because the claim was not brought promptly, no arguable public law error was demonstrated, and even if permission were granted, a remedy would be refused as a matter of discretion due to prejudice to good administration and third party interests.

Court Disposition

Permission refused; claim dismissed

Orders

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