Community Care North East (A Partnership) v Durham County Council

Community Care North East (A Partnership) v Durham County Council

The court does not have power to vary the terms of the settlement agreement in the schedule to the Tomlin Order except on contractual grounds, and the circumstances relied on do not justify variation. The March 2009 Order does not preclude the Council from exercising any powers it would otherwise have to terminate...

Source-derived case information.

Parties
Claimant: Community Care North East; Defendant: Durham County Council
Jurisdiction
England and Wales
Judgment Date
29 April 2010
Procedural Posture
Application / Ruling on Application to Vary Tomlin Order and for Declaration
Outcome
Application to vary Tomlin Order dismissed; declaration granted.
Legal Topics
Tomlin Orders, Consent Orders, Variation of Settlement Agreements, Public Contracts Regulations, Tender Process Termination
Civil Procedure Contract Law Public Procurement Tomlin Orders Consent Orders Variation of Settlement Agreements Public Contracts Regulations Tender Process Termination

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Summary, issues, holding and outcome

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Parties

Community Care North East

Claimant

Durham County Council

Defendant

Procedural Posture

Application / Ruling on Application to Vary Tomlin Order and for Declaration

Legal Issues

  1. 1 Whether the court has power to vary the terms of a Tomlin Order
  2. 2 Whether the court should exercise any power to vary the terms in the circumstances
  3. 3 Whether the Council is precluded from terminating the tender process under the Tomlin Order

Ratio Decidendi

The court does not have power to vary the terms of the settlement agreement in the schedule to the Tomlin Order except on contractual grounds, and the circumstances relied on do not justify variation. The March 2009 Order does not preclude the Council from exercising any powers it would otherwise have to terminate the procurement process and start afresh.

Court Disposition

Application to vary Tomlin Order dismissed; declaration granted.

Orders

  • The application by Durham County Council to vary the terms of the March 2009 Order is dismissed.
  • Declaration granted: The terms of the agreement in the schedule to the March 2009 Order do not preclude the Council from exercising any powers they would otherwise have to terminate the current procurement process and start afresh.