Riverside Truck Rental Ltd v Lancashire County Council [2020] EWHC 1018 (TCC) (06 May 2020)

Riverside Truck Rental Ltd v Lancashire County Council [2020] EWHC 1018 (TCC) (06 May 2020)

The claims were brought out of time because the claimant had knowledge of the grounds for challenge at the latest by 29 November 2019, when its tender was rejected. The court has power to extend time for breaches occurring at that date, but not for breaches relating to the form of the invitation to tender, which occurred earlier. The criteria for extension require a good reason, which was not established on the facts.

Citation
[2020] EWHC 1018 (TCC)
Parties
Claimant: Riverside Truck Rental Limited; Defendant: Lancashire County Council; Interested Party: Monks Contractors Limited
Jurisdiction
England and Wales
Judgment Date
06 May 2020
Procedural Posture
Procurement and Judicial Review / Application for Extension of Time to Bring Claims
Outcome
Applications for extension of time granted in part; claims relating to breaches at rejection decision may proceed, but claims relating to invitation to tender are out of time and cannot be extended.
Legal Topics
Time Limits for Procurement Challenges, Extension of Time, Tender Evaluation Criteria, Transparency and Equal Treatment, Judicial Review of Procurement Decisions
Public Procurement Administrative Law Time Limits for Procurement Challenges Extension of Time Tender Evaluation Criteria Transparency and Equal Treatment Judicial Review of Procurement Decisions

Case Brief

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Parties

Riverside Truck Rental Limited

Claimant

Lancashire County Council

Defendant

Monks Contractors Limited

Interested Party

Procedural Posture

Procurement and Judicial Review / Application for Extension of Time to Bring Claims

Legal Issues

  1. 1 Whether the procurement claim and judicial review claim were brought within the statutory time limits
  2. 2 Whether the court has power to extend time for bringing claims under the Public Contracts Regulations 2015
  3. 3 Whether the criteria for extension of time are met in this case

Ratio Decidendi

The claims were brought out of time because the claimant had knowledge of the grounds for challenge at the latest by 29 November 2019, when its tender was rejected. The court has power to extend time for breaches occurring at that date, but not for breaches relating to the form of the invitation to tender, which occurred earlier. The criteria for extension require a good reason, which was not established on the facts.

Court Disposition

Applications for extension of time granted in part; claims relating to breaches at rejection decision may proceed, but claims relating to invitation to tender are out of time and cannot be extended.

Orders

  • Extension of time granted for claims relating to rejection decision of 29 November 2019.
  • No extension granted for claims relating to form of invitation to tender.