Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors [2015] EWHC 90 (QB) (22 January 2015)

Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors [2015] EWHC 90 (QB) (22 January 2015)

The arrangements between HMRC/HMT and NS&I for delivery of tax-free childcare are internal government mechanisms and do not constitute a public services contract under the Public Contracts Regulations 2006 or Article 56 TFEU; the proposed amendment to the NS&I Outsourcing Contract with Atos does not amount to a material variation requiring a new procurement; Edenred lacks standing and would not have realistically competed for the contract.

Citation
[2015] EWHC 90
Parties
Claimant: Edenred (UK Group) Limited; First Defendant: Her Majesty's Treasury; Second Defendant: Her Majesty's Commissioners for Revenue and Customs; Third Defendant: National Savings and Investments
Jurisdiction
England and Wales
Judgment Date
22 January 2015
Procedural Posture
Part 7 Claim (with Stayed Judicial Review Proceedings) / Judgment After Speedy Trial
Outcome
Claim dismissed
Legal Topics
Public Contracts Regulations 2006, Material Variation of Public Contracts, Article 56 TFEU, Government Policy Delivery, Standing of Economic Operators
Public Procurement Administrative Law European Union Law Public Contracts Regulations 2006 Material Variation of Public Contracts Article 56 TFEU Government Policy Delivery Standing of Economic Operators

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Parties

Edenred (UK Group) Limited

Claimant

Her Majesty's Treasury

First Defendant

Her Majesty's Commissioners for Revenue and Customs

Second Defendant

National Savings and Investments

Third Defendant

Procedural Posture

Part 7 Claim (with Stayed Judicial Review Proceedings) / Judgment After Speedy Trial

Legal Issues

  1. 1 Whether the arrangements between HMRC/HMT and NS&I for delivery of tax-free childcare constitute a public services contract under the Public Contracts Regulations 2006
  2. 2 Whether the amendment to the NS&I Outsourcing Contract with Atos constitutes a material variation requiring a new procurement
  3. 3 Whether Edenred has standing and suffered or risks suffering loss or damage under the Regulations

Ratio Decidendi

The arrangements between HMRC/HMT and NS&I for delivery of tax-free childcare are internal government mechanisms and do not constitute a public services contract under the Public Contracts Regulations 2006 or Article 56 TFEU; the proposed amendment to the NS&I Outsourcing Contract with Atos does not amount to a material variation requiring a new procurement; Edenred lacks standing and would not have realistically competed for the contract.

Court Disposition

Claim dismissed