Newlyn Plc v London Borough of Waltham Forest (Rev 2) [2016] EWHC 771 (TCC) (06 April 2016)

Newlyn Plc v London Borough of Waltham Forest (Rev 2) [2016] EWHC 771 (TCC) (06 April 2016)

The procurement was for a services concession contract, excluded from the PCR by Regulation 117 and established case law. The claim, based solely on alleged breach of the PCR, was therefore misconceived. The court could not permit amendment to judicial review, and in any event, no arguable case existed on legitimate expectation or irrationality.

Citation
[2016] EWHC 771 (TCC)
Parties
Applicant/defendant: Newlyn PLC; Respondent/claimant: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
06 April 2016
Procedural Posture
Application to Strike Out Claim / Judgment on Application to Strike Out
Outcome
Claim struck out
Legal Topics
Public Contract Regulations 2015, Services Concession Contracts, Judicial Review, Legitimate Expectation, Tender Evaluation, Irrationality in Public Law
Public Procurement Administrative Law Contract Law Public Contract Regulations 2015 Services Concession Contracts Judicial Review Legitimate Expectation Tender Evaluation +1 more

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Parties

Newlyn PLC

Applicant/defendant

London Borough of Waltham Forest

Respondent/claimant

Procedural Posture

Application to Strike Out Claim / Judgment on Application to Strike Out

Legal Issues

  1. 1 Whether the Public Contract Regulations 2015 apply to the procurement exercise
  2. 2 Consequences of PCR not applying for the claimant's pleaded claim
  3. 3 Whether the claim is more than fanciful or better than arguable

Ratio Decidendi

The procurement was for a services concession contract, excluded from the PCR by Regulation 117 and established case law. The claim, based solely on alleged breach of the PCR, was therefore misconceived. The court could not permit amendment to judicial review, and in any event, no arguable case existed on legitimate expectation or irrationality.

Court Disposition

Claim struck out

Orders

  • Newlyn's claim is struck out as unarguable in law and on the facts.