Neology UK Ltd v The Council of the City of Newcastle Upon Tyne & Ors [2020] EWHC 2958 (TCC) (06 November 2020)

Neology UK Ltd v The Council of the City of Newcastle Upon Tyne & Ors [2020] EWHC 2958 (TCC) (06 November 2020)

The case is unsuitable for summary judgment as the claimant's criticisms are disagreements with scoring rather than clear breaches of procurement law; there is no manifest error or unfairness in the evaluation. The automatic stay should be lifted as damages are an adequate remedy for the claimant, and the balance of convenience and public interest favour allowing the contract to proceed.

Citation
[2020] EWHC 2958 (TCC)
Parties
Claimant: Neology UK Limited; First Defendant: The Council of the City of Newcastle Upon Tyne; Second Defendant: Gateshead Metropolitan Borough Council; Third Defendant: Council of the Borough of North Tyneside
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Procurement Challenge Under Public Contracts Regulations 2015 / Judgment on Applications for Summary Judgment and to Lift Automatic Stay
Outcome
Claimant's application for summary judgment dismissed; first defendant's application to lift the automatic stay granted.
Legal Topics
Tender Evaluation, Automatic Suspension, Summary Judgment, Remedies Under Public Contracts Regulations 2015, Equal Treatment and Transparency, Adequacy of Damages
Public Procurement Administrative Law Tender Evaluation Automatic Suspension Summary Judgment Remedies Under Public Contracts Regulations 2015 Equal Treatment and Transparency Adequacy of Damages

Case Brief

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Parties

Neology UK Limited

Claimant

The Council of the City of Newcastle Upon Tyne

First Defendant

Gateshead Metropolitan Borough Council

Second Defendant

Council of the Borough of North Tyneside

Third Defendant

Procedural Posture

Procurement Challenge Under Public Contracts Regulations 2015 / Judgment on Applications for Summary Judgment and to Lift Automatic Stay

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment on its procurement challenge
  2. 2 Whether the automatic stay on contract award should be lifted

Ratio Decidendi

The case is unsuitable for summary judgment as the claimant's criticisms are disagreements with scoring rather than clear breaches of procurement law; there is no manifest error or unfairness in the evaluation. The automatic stay should be lifted as damages are an adequate remedy for the claimant, and the balance of convenience and public interest favour allowing the contract to proceed.

Court Disposition

Claimant's application for summary judgment dismissed; first defendant's application to lift the automatic stay granted.

Orders

  • Application for summary judgment by Neology UK Limited dismissed.
  • Automatic stay on contract award lifted, permitting Newcastle to enter into the contract with Siemens.