Bromcom Computers Plc v United Learning Trust & Anor [2021] EWHC 18 (TCC) (07 January 2021)

Bromcom Computers Plc v United Learning Trust & Anor [2021] EWHC 18 (TCC) (07 January 2021)

The claim alleges breaches of a single duty under the Regulations in relation to the evaluation process. The Claimant did not have the requisite knowledge of facts apparently clearly indicating an infringement until receipt of the structured written information in the Regulation 86 notice on 22/23 April 2020. Oral debriefings and earlier correspondence were insufficient in the circumstances to start time running. The proceedings were therefore commenced within the 30-day period prescribed by Regulation 92(2).

Citation
[2021] EWHC 18 (TCC)
Parties
Claimant: Bromcom Computers PLC; Defendant: United Learning Trust; Defendant: United Church Schools Trust
Jurisdiction
England and Wales
Judgment Date
07 January 2021
Procedural Posture
Procurement Challenge Under Public Contract Regulations 2015 / Application by Defendants for Strike Out or Summary Judgment
Outcome
Defendants' application for strike out and summary judgment dismissed (except as to the claim based on an implied tender contract, which was struck out by consent).
Legal Topics
Time Limits for Procurement Challenges, Knowledge Required to Start Limitation Period, Duties Under Public Contract Regulations 2015, Evaluation of Tenders, Regulation 86 Notice Requirements
Public Procurement Administrative Law Time Limits for Procurement Challenges Knowledge Required to Start Limitation Period Duties Under Public Contract Regulations 2015 Evaluation of Tenders Regulation 86 Notice Requirements

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Parties

Bromcom Computers PLC

Claimant

United Learning Trust

Defendant

United Church Schools Trust

Defendant

Procedural Posture

Procurement Challenge Under Public Contract Regulations 2015 / Application by Defendants for Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether the claim alleges breaches of a single duty or multiple duties under the Regulations
  2. 2 When the 30-day limitation period for commencing proceedings began to run under Regulation 92(2)
  3. 3 Whether the Claimant had the requisite knowledge of grounds for starting proceedings before 18 April 2020

Ratio Decidendi

The claim alleges breaches of a single duty under the Regulations in relation to the evaluation process. The Claimant did not have the requisite knowledge of facts apparently clearly indicating an infringement until receipt of the structured written information in the Regulation 86 notice on 22/23 April 2020. Oral debriefings and earlier correspondence were insufficient in the circumstances to start time running. The proceedings were therefore commenced within the 30-day period prescribed by Regulation 92(2).

Court Disposition

Defendants' application for strike out and summary judgment dismissed (except as to the claim based on an implied tender contract, which was struck out by consent).

Orders

  • Claim based on implied tender contract struck out by consent.
  • Defendants' application to strike out or summarily dismiss the remainder of the claim dismissed.