Aquila Heywood Ltd v Local Pensions Partnership Administration Ltd

Aquila Heywood Ltd v Local Pensions Partnership Administration Ltd

The automatic suspension under regulation 95 only prevented LPPA from awarding the contract pursuant to the September decision; once withdrawn and no challenge pleaded to the second decision, the application to lift suspension was unnecessary. Aquila was the successful party but its conduct warranted only half its costs.

Parties
Claimant: Aquila Heywood Limited; Defendant: Local Pensions Partnership Administration Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2021
Procedural Posture
Judicial Review / Procurement Challenge / Costs Determination Following Settlement of Application to Lift Automatic Suspension
Outcome
Application to lift suspension unnecessary; costs awarded to Aquila at 50%.
Legal Topics
Automatic Suspension, Standstill Period, Costs Orders, Interpretation of Public Contracts Regulations 2015
Public Procurement Contract Law Civil Procedure Automatic Suspension Standstill Period Costs Orders Interpretation of Public Contracts Regulations 2015

Case Brief

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Parties

Aquila Heywood Limited

Claimant

Local Pensions Partnership Administration Limited

Defendant

Procedural Posture

Judicial Review / Procurement Challenge / Costs Determination Following Settlement of Application to Lift Automatic Suspension

Legal Issues

  1. 1 Does regulation 95 of the Public Contracts Regulations 2015 apply where the contracting authority is exempt from the obligation to allow a standstill period?
  2. 2 Does regulation 95 suspend only the authority’s freedom to award the contract in accordance with the challenged decision, or does it have broader effect?
  3. 3 What is the proper costs order where an application to lift suspension is unnecessary?

Ratio Decidendi

The automatic suspension under regulation 95 only prevented LPPA from awarding the contract pursuant to the September decision; once withdrawn and no challenge pleaded to the second decision, the application to lift suspension was unnecessary. Aquila was the successful party but its conduct warranted only half its costs.

Court Disposition

Application to lift suspension unnecessary; costs awarded to Aquila at 50%.

Orders

  • LPPA to pay Aquila half of its costs.