Sita UK Ltd v Greater Manchester Waste Disposal Authority (Rev 1)

Sita UK Ltd v Greater Manchester Waste Disposal Authority (Rev 1)

Sita knew of the alleged infringements and grounds for bringing proceedings by April 2009, and failed to commence proceedings within the three-month limitation period. There is no good reason to exercise discretion to extend the period. The claim is therefore time-barred and must be struck out.

Parties
Claimant: SITA UK LIMITED; Defendant: GREATER MANCHESTER WASTE DISPOSAL AUTHORITY
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Civil / Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out as time-barred
Legal Topics
Limitation Periods, Tendering Procedures, Transparency, Equal Treatment, Remedies for Breach of Procurement Regulations
Public Procurement Administrative Law Limitation Periods Tendering Procedures Transparency Equal Treatment Remedies for Breach of Procurement Regulations

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Parties

SITA UK LIMITED

Claimant

GREATER MANCHESTER WASTE DISPOSAL AUTHORITY

Defendant

Procedural Posture

Civil / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim is time-barred under Regulation 32(4)(b) of the Public Services Contract Regulations 1993
  2. 2 Whether the limitation period should run from knowledge of infringement or from the date of infringement
  3. 3 Whether the discretion to extend the limitation period should be exercised

Ratio Decidendi

Sita knew of the alleged infringements and grounds for bringing proceedings by April 2009, and failed to commence proceedings within the three-month limitation period. There is no good reason to exercise discretion to extend the period. The claim is therefore time-barred and must be struck out.

Court Disposition

Claim struck out as time-barred

Orders

  • Proceedings struck out
  • No extension of limitation period granted