Lion Apparel Systems Ltd v Firebuy Ltd [2007] EWHC 2179 (Ch) (27 September 2007)

Lion Apparel Systems Ltd v Firebuy Ltd [2007] EWHC 2179 (Ch) (27 September 2007)

Lion failed to demonstrate a sufficiently strong case that Firebuy's decisions were manifestly wrong or that alleged breaches affected the outcome of the procurement process. The court found Firebuy exercised its discretion appropriately, applied scoring methodologies within accepted practice, and any errors did not...

Source-derived case information.

Citation
[2007] EWHC 2179 (Ch)
Parties
Claimant: Lion Apparel Systems Limited; Defendant: Firebuy Limited
Jurisdiction
England and Wales
Judgment Date
27 September 2007
Procedural Posture
Interim Application Under Regulation 32 of the Public Services Contract Regulations 1993 / Application for Interim Order Pending Trial
Outcome
Application for interim order refused
Legal Topics
Interim Relief, Procurement Process, Equality and Transparency, Scoring Methodology, Bidder Exclusion, Remedies Under Procurement Regulations
Public Procurement Administrative Law European Union Law Interim Relief Procurement Process Equality and Transparency Scoring Methodology Bidder Exclusion +1 more

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Summary, issues, holding and outcome

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Parties

Lion Apparel Systems Limited

Claimant

Firebuy Limited

Defendant

Procedural Posture

Interim Application Under Regulation 32 of the Public Services Contract Regulations 1993 / Application for Interim Order Pending Trial

Legal Issues

  1. 1 Whether Firebuy breached duties of equality, transparency, and objectivity in the procurement process
  2. 2 Whether Bristol Uniforms Limited should have been excluded for criminal convictions and false information in PQQ
  3. 3 Whether scoring methodology used by Firebuy was manifestly wrong

Ratio Decidendi

Lion failed to demonstrate a sufficiently strong case that Firebuy's decisions were manifestly wrong or that alleged breaches affected the outcome of the procurement process. The court found Firebuy exercised its discretion appropriately, applied scoring methodologies within accepted practice, and any errors did not cause Lion to lose a real chance at the contract. Interim relief was not justified.

Court Disposition

Application for interim order refused

Orders

  • No interim order granted
  • Procurement process not suspended