The Law Society, R (on the application of) v Legal Services Commission & Ors

The Law Society, R (on the application of) v Legal Services Commission & Ors

The Unified Contract is not a public service concession and is subject to the Public Contracts Regulations 2006. The LSC's broad unilateral power to amend technical specifications in the Unified Contract does not comply with the precision requirements of regulation 9, though the transparency requirements of regulation 4(3) are satisfied. The Law Society has standing to bring judicial review, and the claims are not time-barred.

Parties
Claimant: Law Society; Defendant: Legal Services Commission; Interested Party: The Lord Chancellor and the Secretary of State for Justice; Claimant: Dexter Montague & Partners
Jurisdiction
England and Wales
Judgment Date
27 July 2007
Procedural Posture
Judicial Review and Damages Claim / Final Judgment on Permission, Declaratory Relief, and Liability
Outcome
Permission and declaratory relief granted to the Law Society; judgment on liability for Dexter Montague & Partners subject to threshold determination.
Legal Topics
Transparency in Public Contracts, Technical Specifications, Standing in Judicial Review, Remedies Under Procurement Regulations
Public Procurement Administrative Law Contract Law European Union Law Transparency in Public Contracts Technical Specifications Standing in Judicial Review Remedies Under Procurement Regulations

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Parties

Law Society

Claimant

Legal Services Commission

Defendant

The Lord Chancellor and the Secretary of State for Justice

Interested Party

Dexter Montague & Partners

Claimant

Procedural Posture

Judicial Review and Damages Claim / Final Judgment on Permission, Declaratory Relief, and Liability

Legal Issues

  1. 1 Whether the Unified Contract is a public service concession
  2. 2 Whether the Unified Contract complies with transparency requirements under regulation 4(3)
  3. 3 Whether the Unified Contract complies with technical specification requirements under regulation 9

Ratio Decidendi

The Unified Contract is not a public service concession and is subject to the Public Contracts Regulations 2006. The LSC's broad unilateral power to amend technical specifications in the Unified Contract does not comply with the precision requirements of regulation 9, though the transparency requirements of regulation 4(3) are satisfied. The Law Society has standing to bring judicial review, and the claims are not time-barred.

Court Disposition

Permission and declaratory relief granted to the Law Society; judgment on liability for Dexter Montague & Partners subject to threshold determination.

Orders

  • Declaration that the Unified Contract's power to amend technical specifications breaches regulation 9 of the Public Contracts Regulations 2006.
  • Permission for judicial review granted to the Law Society.