Mermec UK Ltd v Network Rail Infrastructure Ltd [2011] EWHC 1847 (TCC) (19 July 2011)

Mermec UK Ltd v Network Rail Infrastructure Ltd [2011] EWHC 1847 (TCC) (19 July 2011)

The claim was served outside the three-month limitation period prescribed by the Utilities Contracts Regulations 2006, as the claimant had knowledge of the basic facts supporting its claim upon receipt of the decision letter on 23 September 2010. No good reason was shown for an extension of time. The claim is therefore time-barred and bound to fail.

Citation
[2011] EWHC 1847 (TCC)
Parties
Claimant: Mermec UK Limited; Defendant: Network Rail Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2011
Procedural Posture
Public Procurement Dispute (claim for Damages) / Summary Judgment Application
Outcome
Summary judgment granted for the defendant; claim dismissed as time-barred.
Legal Topics
Limitation Periods, Tender Evaluation, Remedies for Breach of Procurement Regulations, Disclosure Obligations, Summary Judgment
Public Procurement Contract Law Limitation Periods Tender Evaluation Remedies for Breach of Procurement Regulations Disclosure Obligations Summary Judgment

Case Brief

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Parties

Mermec UK Limited

Claimant

Network Rail Infrastructure Limited

Defendant

Procedural Posture

Public Procurement Dispute (claim for Damages) / Summary Judgment Application

Legal Issues

  1. 1 Whether the claim was brought within the limitation period under the Utilities Contracts Regulations 2006
  2. 2 Whether the information provided to the claimant was sufficient to start time running for limitation purposes
  3. 3 Whether the claimant is entitled to an extension of time to serve the claim

Ratio Decidendi

The claim was served outside the three-month limitation period prescribed by the Utilities Contracts Regulations 2006, as the claimant had knowledge of the basic facts supporting its claim upon receipt of the decision letter on 23 September 2010. No good reason was shown for an extension of time. The claim is therefore time-barred and bound to fail.

Court Disposition

Summary judgment granted for the defendant; claim dismissed as time-barred.

Orders

  • Claim dismissed in its entirety.
  • No extension of time for service granted.