B2net Ltd v HM Treasury (Sued As Buying Solutions)

B2net Ltd v HM Treasury (Sued As Buying Solutions)

The application for an interim injunction is dismissed because damages would be an adequate remedy for the Claimant, but not for the numerous other parties who would be affected by suspending the procurement process. The Claimant's case on the merits is weak, and the balance of convenience does not favour granting an injunction.

Parties
Claimant: B2Net Limited; Defendant: HM Treasury (sued as Buying Solutions)
Jurisdiction
England and Wales
Judgment Date
20 January 2010
Procedural Posture
Judicial Review / Procurement Challenge / Interim Application for Injunction
Outcome
Application for interim injunction dismissed
Legal Topics
Interim Injunctions, Public Contracts Regulations 2006, Non Discrimination and Transparency in Procurement, Margin of Appreciation in Procurement Decisions
Public Procurement Administrative Law European Union Law Interim Injunctions Public Contracts Regulations 2006 Non Discrimination and Transparency in Procurement Margin of Appreciation in Procurement Decisions

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Parties

B2Net Limited

Claimant

HM Treasury (sued as Buying Solutions)

Defendant

Procedural Posture

Judicial Review / Procurement Challenge / Interim Application for Injunction

Legal Issues

  1. 1 Whether the Defendant breached the Public Contracts Regulations 2006 and EC principles by marking down the Claimant for being a sub-contractor in the PQQ process
  2. 2 Whether the Claimant is entitled to an interim injunction suspending the procurement process
  3. 3 Whether damages would be an adequate remedy for the Claimant

Ratio Decidendi

The application for an interim injunction is dismissed because damages would be an adequate remedy for the Claimant, but not for the numerous other parties who would be affected by suspending the procurement process. The Claimant's case on the merits is weak, and the balance of convenience does not favour granting an injunction.

Court Disposition

Application for interim injunction dismissed

Orders

  • Application for interim injunction refused
  • No suspension of the procurement process