Hoole & Co (a firm), R (on the application of) v Legal Services Commision

Hoole & Co (a firm), R (on the application of) v Legal Services Commision

The claimant failed to complete the selection criteria due to their own error, not a system failure. The defendant was not obliged to seek clarification or supplement missing information, as doing so would breach the principle of equal treatment in competitive tendering. The rules of the competition were applied consistently and fairly to all applicants.

Parties
Claimant: Hoole & CO (a firm); Defendant: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
15 April 2011
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Application dismissed
Legal Topics
Competitive Tendering, Duty of Fairness, Equal Treatment, Transparency, Clarification of Tenders
Public Procurement Administrative Law European Law Competitive Tendering Duty of Fairness Equal Treatment Transparency Clarification of Tenders

Case Brief

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Parties

Hoole & CO (a firm)

Claimant

Legal Services Commission

Defendant

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the defendant's tendering system failed to retain submitted information
  2. 2 Whether the defendant owed a duty to clarify or seek missing information from the claimant's tender
  3. 3 Whether the claimant was treated unequally compared to other tenderers

Ratio Decidendi

The claimant failed to complete the selection criteria due to their own error, not a system failure. The defendant was not obliged to seek clarification or supplement missing information, as doing so would breach the principle of equal treatment in competitive tendering. The rules of the competition were applied consistently and fairly to all applicants.

Court Disposition

Application dismissed

Orders

  • Permission to bring judicial review granted
  • Application for substantive relief dismissed