B2net Ltd v HM Treasury (Sued As Buying Solutions) [2010] EWHC 51 (QB) (20 January 2010)

B2net Ltd v HM Treasury (Sued As Buying Solutions) [2010] EWHC 51 (QB) (20 January 2010)

The application for interim relief was dismissed because damages would be an adequate remedy for the Claimant if it succeeded at trial, whereas an injunction would cause significant and irreparable harm to other bidders, public authorities, and the public. The Claimant's case on the merits was found to be weak, and the balance of convenience did not favour granting an injunction.

Citation
[2010] EWHC 51
Parties
Claimant: B2Net Limited; Defendant: HM Treasury (sued as Buying Solutions)
Jurisdiction
England and Wales
Judgment Date
20 January 2010
Procedural Posture
Application for Interim Relief in Public Procurement Dispute / Interim Application for Injunction Pending Trial
Outcome
Application for interim injunction dismissed
Legal Topics
Interim Injunctions, Public Contracts Regulations 2006, EC Directive 2004/18/ec, Non Discrimination, Transparency, Adequacy of Damages, Manifest Error, Margin of Appreciation
Public Procurement Administrative Law European Union Law Interim Injunctions Public Contracts Regulations 2006 EC Directive 2004/18/ec Non Discrimination Transparency +3 more

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Parties

B2Net Limited

Claimant

HM Treasury (sued as Buying Solutions)

Defendant

Procedural Posture

Application for Interim Relief in Public Procurement Dispute / Interim Application for Injunction Pending Trial

Legal Issues

  1. 1 Whether the Defendant's procurement process breached the Public Contracts Regulations 2006 and EC law principles of non-discrimination and transparency by marking down sub-contractors in the PQQ scoring.
  2. 2 Whether the Claimant is entitled to an interim injunction suspending the procurement process pending trial.

Ratio Decidendi

The application for interim relief was dismissed because damages would be an adequate remedy for the Claimant if it succeeded at trial, whereas an injunction would cause significant and irreparable harm to other bidders, public authorities, and the public. The Claimant's case on the merits was found to be weak, and the balance of convenience did not favour granting an injunction.

Court Disposition

Application for interim injunction dismissed

Orders

  • Application for interim relief refused; procurement process not suspended.