Lion Apparel Systems Ltd v Firebuy Ltd

Lion Apparel Systems Ltd v Firebuy Ltd

Lion failed to demonstrate a sufficiently strong case of manifest error or breach by Firebuy that would justify interim relief. Most alleged breaches were either not established, did not cause loss, or were raised out of time. The only arguable point (scoring methodology) was weak and did not justify suspending the procurement process, especially given the potential harm to the project and public interest. The application for interim relief was therefore refused.

Parties
Claimant: Lion Apparel Systems Limited; Defendant: Firebuy Limited
Jurisdiction
England and Wales
Judgment Date
27 September 2007
Procedural Posture
Civil Procurement Challenge / Interim Application for Order Under Regulation 32 of the Public Services Contract Regulations 1993
Outcome
Application for interim order refused
Legal Topics
Interim Injunctions, Procurement Process, Equality of Treatment, Transparency, Manifest Error, Remedies Directive, Adequacy of Damages
Public Procurement Administrative Law Contract Law Interim Injunctions Procurement Process Equality of Treatment Transparency Manifest Error +2 more

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Parties

Lion Apparel Systems Limited

Claimant

Firebuy Limited

Defendant

Procedural Posture

Civil Procurement Challenge / Interim Application for Order Under Regulation 32 of the Public Services Contract Regulations 1993

Legal Issues

  1. 1 Whether Firebuy breached procurement obligations under the 1993 Regulations and Directive 92/50/EEC
  2. 2 Whether the procurement process was discriminatory, non-transparent, or involved manifest error
  3. 3 Whether the scoring methodology and treatment of bids was manifestly wrong

Ratio Decidendi

Lion failed to demonstrate a sufficiently strong case of manifest error or breach by Firebuy that would justify interim relief. Most alleged breaches were either not established, did not cause loss, or were raised out of time. The only arguable point (scoring methodology) was weak and did not justify suspending the procurement process, especially given the potential harm to the project and public interest. The application for interim relief was therefore refused.

Court Disposition

Application for interim order refused

Orders

  • No interim order granted; procurement process not suspended