Montpellier Estates Ltd v Leeds City Council

Montpellier Estates Ltd v Leeds City Council

The application to strike out or summarily dismiss parts of the amended particulars of claim was rejected because the issues raised were not plain and obvious, involved disputed facts and developing law, and the pleaded case was not solely directed to the circumstances of termination but also to the conduct of the...

Source-derived case information.

Parties
Claimant: Montpellier Estates Limited; Defendant: Leeds City Council
Jurisdiction
England and Wales
Judgment Date
24 June 2010
Procedural Posture
Civil (procurement/contract) / Application to Strike Out Parts of Amended Particulars of Claim And/or Summary Judgment
Outcome
Application dismissed
Legal Topics
Strike Out Application, Summary Judgment, Public Contracts Regulations 2006, Implied Contract in Procurement, Transparency and Equal Treatment, Termination of Procurement Process
Public Procurement Contract Law Administrative Law Strike Out Application Summary Judgment Public Contracts Regulations 2006 Implied Contract in Procurement Transparency and Equal Treatment +1 more

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Parties

Montpellier Estates Limited

Claimant

Leeds City Council

Defendant

Procedural Posture

Civil (procurement/contract) / Application to Strike Out Parts of Amended Particulars of Claim And/or Summary Judgment

Legal Issues

  1. 1 Whether certain paragraphs of the amended particulars of claim should be struck out or summarily dismissed under CPR 3.4 or CPR Part 24
  2. 2 Whether the Council's conduct in introducing a public sector comparator (PSC) and terminating the procurement process breached statutory and/or contractual duties
  3. 3 Whether the claim for an injunction should be struck out

Ratio Decidendi

The application to strike out or summarily dismiss parts of the amended particulars of claim was rejected because the issues raised were not plain and obvious, involved disputed facts and developing law, and the pleaded case was not solely directed to the circumstances of termination but also to the conduct of the procurement process, including the undisclosed use of a public sector comparator. The claim for an injunction was also not struck out as it was premature to do so.

Court Disposition

Application dismissed

Orders

  • Council's application to strike out parts of the amended particulars of claim and/or for summary judgment is rejected in its entirety.