Bluebird Boats Ltd, R (On the Application Of) v The Royal Parks Ltd

Bluebird Boats Ltd, R (On the Application Of) v The Royal Parks Ltd

Permission to apply for judicial review is granted because it is arguable that the defendant's decision was taken for the wrong reasons, namely as a negotiating tactic related to the boathouse dispute, and failed to consider the wider public benefit and charitable objectives. However, interim relief is refused because it would effectively impose a contract on the defendant with terms it does not accept, which is inappropriate at this stage.

Parties
Claimant: Bluebird Boats Limited; First Defendant: The Royal Parks Limited; Second Defendant: The Secretary of State for Digital, Culture, Media and Sport
Jurisdiction
England and Wales
Judgment Date
17 December 2020
Procedural Posture
Judicial Review / Permission Application and Interim Relief
Outcome
Permission to apply for judicial review granted; interim relief refused.
Legal Topics
Judicial Review, Contract Extension, Public Procurement Policy, Interim Relief
Administrative Law Contract Law Public Procurement Judicial Review Contract Extension Public Procurement Policy Interim Relief

Case Brief

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Parties

Bluebird Boats Limited

Claimant

The Royal Parks Limited

First Defendant

The Secretary of State for Digital, Culture, Media and Sport

Second Defendant

Procedural Posture

Judicial Review / Permission Application and Interim Relief

Legal Issues

  1. 1 Whether the decision of The Royal Parks Limited on 12 November 2020 to refuse a contract extension is unlawful and amenable to judicial review
  2. 2 Whether the refusal was based on irrelevant considerations, improper purpose, or irrationality
  3. 3 Whether interim relief should be granted to allow Bluebird Boats Limited to continue trading pending the outcome of judicial review

Ratio Decidendi

Permission to apply for judicial review is granted because it is arguable that the defendant's decision was taken for the wrong reasons, namely as a negotiating tactic related to the boathouse dispute, and failed to consider the wider public benefit and charitable objectives. However, interim relief is refused because it would effectively impose a contract on the defendant with terms it does not accept, which is inappropriate at this stage.

Court Disposition

Permission to apply for judicial review granted; interim relief refused.

Orders

  • Permission to claim judicial review is granted.
  • Application for interim relief is refused.