Oracle Security Services Limited v Barts Health NHS Trust & Anor

Oracle Security Services Limited v Barts Health NHS Trust & Anor

There are triable issues of fact as to whether the Claimant had actual or constructive knowledge of grounds for the procurement claim by 20 July 2023 or 18 September 2023. Regulation 92(2) PCR applies, and time runs from knowledge, not from publication. The Defendants' application for summary judgment fails because it cannot be summarily determined that the claim is time-barred.

Parties
Claimant: Oracle Security Services Limited; First Defendant: Barts Health NHS Trust; Second Defendant: Place Group Limited
Jurisdiction
England and Wales
Judgment Date
08 June 2024
Procedural Posture
Statutory Procurement Claim and Breach of Contract / Summary Judgment Application
Outcome
Defendants' application for summary judgment dismissed; procurement claim proceeds to trial.
Legal Topics
Limitation Periods, Summary Judgment, Framework Agreements, Knowledge Requirement, Publication of Decisions
Public Procurement Law Contract Law Limitation Periods Summary Judgment Framework Agreements Knowledge Requirement Publication of Decisions

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Parties

Oracle Security Services Limited

Claimant

Barts Health NHS Trust

First Defendant

Place Group Limited

Second Defendant

Procedural Posture

Statutory Procurement Claim and Breach of Contract / Summary Judgment Application

Legal Issues

  1. 1 Whether the procurement claim is time-barred under Regulation 92 of the Public Contracts Regulations 2015 (PCR)
  2. 2 Whether the Claimant had actual or constructive knowledge of grounds for the claim before the claim was issued
  3. 3 Whether Regulation 92(3)(c) applies and if publication is required for time to run

Ratio Decidendi

There are triable issues of fact as to whether the Claimant had actual or constructive knowledge of grounds for the procurement claim by 20 July 2023 or 18 September 2023. Regulation 92(2) PCR applies, and time runs from knowledge, not from publication. The Defendants' application for summary judgment fails because it cannot be summarily determined that the claim is time-barred.

Court Disposition

Defendants' application for summary judgment dismissed; procurement claim proceeds to trial.