J B Leadbitter & Co Ltd v Devon County Council [2009] EWHC 930 (Ch) (01 May 2009)

J B Leadbitter & Co Ltd v Devon County Council [2009] EWHC 930 (Ch) (01 May 2009)

Devon County Council was entitled to reject the claimant's tender for failing to submit the required case studies by the deadline. The procurement rules were clear, applied equally, and served legitimate objectives of fairness, transparency, and security. The principle of proportionality did not require acceptance of late or incomplete tenders in these circumstances, and no manifest error or breach of equal treatment or transparency was found.

Citation
[2009] EWHC 930 (Ch)
Parties
Claimant: J B Leadbitter & Co Limited; Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
01 May 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Tender Exclusion, Equal Treatment, Non Discrimination, Proportionality, Remedies in Procurement
Public Procurement Administrative Law European Union Law Tender Exclusion Equal Treatment Non Discrimination Proportionality Remedies in Procurement

Case Brief

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Parties

J B Leadbitter & Co Limited

Claimant

Devon County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Devon County Council breached duties of equal treatment, non-discrimination, transparency, and proportionality by excluding the claimant's tender for missing case studies submitted after the deadline
  2. 2 Whether the exclusion violated Regulation 4 and Regulation 30 of the Public Contracts Regulations 2006 and enforceable Community obligations
  3. 3 Whether the claimant was entitled to have its tender considered or to damages

Ratio Decidendi

Devon County Council was entitled to reject the claimant's tender for failing to submit the required case studies by the deadline. The procurement rules were clear, applied equally, and served legitimate objectives of fairness, transparency, and security. The principle of proportionality did not require acceptance of late or incomplete tenders in these circumstances, and no manifest error or breach of equal treatment or transparency was found.

Court Disposition

Claim dismissed

Orders

  • No injunction granted
  • No damages awarded