Royal Cornwall Hospitals NHS Trust v Cornwall Council

Royal Cornwall Hospitals NHS Trust v Cornwall Council

The claim was statute-barred as the claimant knew or ought to have known grounds for proceedings on 25 February 2019 and failed to bring proceedings within the 30-day limit; transparency obligations under the PCR do not extend to economic operators who do not participate in the procurement; the claimant suffered no loss in consequence of any alleged breach as its decision not to participate was the effective cause of loss.

Parties
Claimant: Royal Cornwall Hospitals NHS Trust; Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
13 August 2019
Procedural Posture
Procurement Proceedings / Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out and/or summary judgment granted in favour of the defendant.
Legal Topics
Time Limits for Procurement Claims, Transparency Obligations, Standing of Economic Operators, Summary Judgment, Strike Out Applications
Public Procurement Administrative Law Time Limits for Procurement Claims Transparency Obligations Standing of Economic Operators Summary Judgment Strike Out Applications

Case Brief

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Parties

Royal Cornwall Hospitals NHS Trust

Claimant

Cornwall Council

Defendant

Procedural Posture

Procurement Proceedings / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim was statute-barred under the Public Contracts Regulations 2015
  2. 2 Whether the defendant owed a duty of transparency to a non-participating economic operator
  3. 3 Whether the claimant suffered or risked suffering loss in consequence of alleged breaches

Ratio Decidendi

The claim was statute-barred as the claimant knew or ought to have known grounds for proceedings on 25 February 2019 and failed to bring proceedings within the 30-day limit; transparency obligations under the PCR do not extend to economic operators who do not participate in the procurement; the claimant suffered no loss in consequence of any alleged breach as its decision not to participate was the effective cause of loss.

Court Disposition

Claim struck out and/or summary judgment granted in favour of the defendant.

Orders

  • Paragraphs 19(a), 19(b), and 20 of the Particulars of Claim struck out.
  • Summary judgment entered for the defendant.