Hossack, R (on the application of) v Legal Services Commission

Hossack, R (on the application of) v Legal Services Commission

Permission to apply for judicial review was rightly refused in relation to all tenders except Northamptonshire because Mrs Hossack did not meet the essential presence requirement, which could not be waived without breaching procurement law. However, in respect of Northamptonshire, where the presence requirement was...

Source-derived case information.

Parties
Applicant: Yvonne Hossack; Respondent: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review granted in respect of Northamptonshire only; refused for all other areas.
Legal Topics
Tendering Process, Judicial Review, Alternative Remedy, Legal Aid Contracts, Disability Discrimination
Administrative Law Public Procurement Tendering Process Judicial Review Alternative Remedy Legal Aid Contracts Disability Discrimination

Source-derived case record

Summary, issues, holding and outcome

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Parties

Yvonne Hossack

Applicant

Legal Services Commission

Respondent

Procedural Posture

Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Legal Services Commission lawfully rejected Mrs Hossack's tenders for legal aid contracts due to errors and deficiencies in the forms
  2. 2 Whether the LSC had discretion to accept or clarify tenders with obvious errors
  3. 3 Whether the presence requirement could be waived

Ratio Decidendi

Permission to apply for judicial review was rightly refused in relation to all tenders except Northamptonshire because Mrs Hossack did not meet the essential presence requirement, which could not be waived without breaching procurement law. However, in respect of Northamptonshire, where the presence requirement was met, the case was just arguable and the existence of uncertainties in the alternative statutory remedy under the 2006 Regulations meant judicial review should not be refused on that ground.

Court Disposition

Permission to apply for judicial review granted in respect of Northamptonshire only; refused for all other areas.

Orders

  • Permission to apply for judicial review granted for Northamptonshire tender rejection.
  • Substantive claim to proceed in the Administrative Court in the normal way.