Oracle Security Services Ltd v Barts Health NHS Trust & Anor [2024] EWHC 1201 (TCC) (20 May 2024)

Oracle Security Services Ltd v Barts Health NHS Trust & Anor [2024] EWHC 1201 (TCC) (20 May 2024)

It is not sufficiently clear on the evidence that the Claimant had the requisite knowledge to bring the procurement claim before the issue of proceedings, and there are unresolved factual disputes as to the Claimant's knowledge and the effect of the July 2023 correspondence. The application for summary judgment/strike out on limitation grounds is therefore refused.

Citation
[2024] EWHC 1201 (TCC)
Parties
Claimant: Oracle Security Services Limited; First Defendant: Barts Health NHS Trust; Second Defendant: Place Group Limited
Jurisdiction
England and Wales
Judgment Date
20 May 2024
Procedural Posture
Summary Judgment Application in Statutory Procurement Claim / Application for Summary Disposal/strike Out on Limitation Grounds
Outcome
Application for summary judgment/strike out refused
Legal Topics
Limitation Periods, Summary Judgment, Public Contracts Regulations 2015, Framework Agreements, Breach of Contract
Public Procurement Contract Law Limitation Periods Summary Judgment Public Contracts Regulations 2015 Framework Agreements Breach of Contract

Case Brief

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Parties

Oracle Security Services Limited

Claimant

Barts Health NHS Trust

First Defendant

Place Group Limited

Second Defendant

Procedural Posture

Summary Judgment Application in Statutory Procurement Claim / Application for Summary Disposal/strike Out on Limitation Grounds

Legal Issues

  1. 1 Whether the procurement claim is time-barred under Regulation 92 of the Public Contracts Regulations 2015
  2. 2 Whether Regulation 92(3)(c) applies to prevent time from running absent publication
  3. 3 Whether the Claimant had actual or constructive knowledge of grounds for the claim before issue of proceedings

Ratio Decidendi

It is not sufficiently clear on the evidence that the Claimant had the requisite knowledge to bring the procurement claim before the issue of proceedings, and there are unresolved factual disputes as to the Claimant's knowledge and the effect of the July 2023 correspondence. The application for summary judgment/strike out on limitation grounds is therefore refused.

Court Disposition

Application for summary judgment/strike out refused

Orders

  • The Defendants' application for summary judgment/strike out of the procurement claim is dismissed.