Robert Heath Heating Limited v Orbit Group Limited

Robert Heath Heating Limited v Orbit Group Limited

There is a serious issue to be tried regarding the alleged conflict of interest and scoring challenge, but damages would be an adequate remedy for the claimant if it succeeds at trial. Therefore, the automatic suspension is lifted. The claimant has established a prima facie case justifying early specific disclosure of limited categories of documents relating to its own tender and the alleged conflict of interest.

Parties
Claimant: Robert Heath Heating Limited; Defendant: Orbit Group Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Procurement Challenge (public Contracts) / Interlocutory Applications: Application to Lift Automatic Suspension and Application for Early Specific Disclosure
Outcome
Defendant's application to lift the automatic suspension is granted; claimant's application for early specific disclosure is granted in part.
Legal Topics
Automatic Suspension Under Procurement Regulations, Conflicts of Interest in Procurement, Scoring and Evaluation of Tenders, Early Specific Disclosure, Adequacy of Damages, Interim Relief
Public Procurement Contract Law Automatic Suspension Under Procurement Regulations Conflicts of Interest in Procurement Scoring and Evaluation of Tenders Early Specific Disclosure Adequacy of Damages Interim Relief

Case Brief

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Parties

Robert Heath Heating Limited

Claimant

Orbit Group Limited

Defendant

Procedural Posture

Procurement Challenge (public Contracts) / Interlocutory Applications: Application to Lift Automatic Suspension and Application for Early Specific Disclosure

Legal Issues

  1. 1 Whether the automatic suspension under Regulation 95 of the Public Contracts Regulations 2015 should be lifted
  2. 2 Whether the claimant is entitled to early specific disclosure
  3. 3 Whether there is a serious issue to be tried regarding conflicts of interest and scoring in the procurement process

Ratio Decidendi

There is a serious issue to be tried regarding the alleged conflict of interest and scoring challenge, but damages would be an adequate remedy for the claimant if it succeeds at trial. Therefore, the automatic suspension is lifted. The claimant has established a prima facie case justifying early specific disclosure of limited categories of documents relating to its own tender and the alleged conflict of interest.

Court Disposition

Defendant's application to lift the automatic suspension is granted; claimant's application for early specific disclosure is granted in part.

Orders

  • The automatic suspension under Regulation 95 of the Public Contracts Regulations 2015 is lifted with immediate effect.
  • The defendant is ordered to provide early specific disclosure of documents in categories (1) to (4) relating to the claimant's tender, and in category (5) only as regards any conflict of interest arising out of the role of Ms Nicklin.