Royal Cornwall Hospitals NHS Trust v Cornwall Council [2019] EWHC 2211 (TCC) (13 August 2019)

Royal Cornwall Hospitals NHS Trust v Cornwall Council [2019] EWHC 2211 (TCC) (13 August 2019)

The claims under Particulars 19(a), 19(b), and 20 were struck out because they were either statute-barred under the 30-day time limit in Regulation 92 of the PCR or disclosed no reasonable grounds for bringing the claim, as the Defendant owed no duty of transparency to the Claimant after it chose not to participate in the procurement and the Claimant could not show loss in consequence of any alleged breach.

Citation
[2019] EWHC 2211 (TCC)
Parties
Claimant: Royal Cornwall Hospitals NHS Trust; Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
13 August 2019
Procedural Posture
Procurement Proceedings Under the Public Contracts Regulations 2015 / Application to Strike Out And/or Summary Judgment on Particulars of Claim
Outcome
Application granted. Relevant passages of the Particulars of Claim struck out and/or summary judgment entered for the Defendant.
Legal Topics
Strike Out Applications, Summary Judgment, Time Limits for Procurement Challenges, Duties of Transparency and Equal Treatment, Standing of Economic Operators
Public Procurement Administrative Law Strike Out Applications Summary Judgment Time Limits for Procurement Challenges Duties of Transparency and Equal Treatment Standing of Economic Operators

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Royal Cornwall Hospitals NHS Trust

Claimant

Cornwall Council

Defendant

Procedural Posture

Procurement Proceedings Under the Public Contracts Regulations 2015 / Application to Strike Out And/or Summary Judgment on Particulars of Claim

Legal Issues

  1. 1 Whether the Claimant's claims under Particulars 19(a), 19(b), and 20 are time-barred or disclose no reasonable grounds for bringing the claim under the Public Contracts Regulations 2015
  2. 2 Whether the Defendant owed a duty of transparency to the Claimant after it decided not to participate in the procurement
  3. 3 Whether the Claimant suffered or risked suffering loss in consequence of any alleged breach

Ratio Decidendi

The claims under Particulars 19(a), 19(b), and 20 were struck out because they were either statute-barred under the 30-day time limit in Regulation 92 of the PCR or disclosed no reasonable grounds for bringing the claim, as the Defendant owed no duty of transparency to the Claimant after it chose not to participate in the procurement and the Claimant could not show loss in consequence of any alleged breach.

Court Disposition

Application granted. Relevant passages of the Particulars of Claim struck out and/or summary judgment entered for the Defendant.

Orders

  • Particulars 19(a), 19(b), and 20 of the Particulars of Claim are struck out.
  • Summary judgment entered in favour of the Defendant on these issues.