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England and Wales decisions
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The New Lottery Company Ltd & Anor v The Gambling Commission [2026] EWHC 891 (TCC) (17 April 2026)
Procurement challenge over the Fourth National Lottery Licence. The court dismissed claims of manifest error, transparency breaches and unlawful contract modifications.
High Court procurement challenge to the Fourth National Lottery Licence was dismissed, with no manifest error found in evaluation or unlawful contract modification.
The Court of Appeal held that an expert’s valuation determination under an overage clause was not affected by manifest error and was valid and binding.
Dandara South East Ltd v Medway Preservation Ltd & Anor [2025] EWHC 3639 (Ch) (10 July 2025)
The High Court granted summary judgment for the defendants, holding there was no real prospect of showing manifest error in the expert’s determination.
The tender documentation, when read as a whole, was sufficiently clear and transparent to a reasonably well-informed and diligent tenderer that exceeding the Framework Maximum Prices could result in exclusion. The Defendants exercised their discretion to exclude Optima's non-compliant bid in a manner consistent with the principles of transparency, equal treatment, and proportionality. The error in Optima's bid was not obvious or easily correctable, and seeking clarification or permitting amendment would have risked unequal treatment. The Defendants' decision was neither irrational, arbitrary,…
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The effect of the breach (i.e., that the appellant should have been awarded the contract) is not determinative of whether the breach was 'sufficiently serious' for Francovich damages. The court must consider all relevant circumstances, including the nature and quality of the breach, excusability, and state of mind. In this case, the breach was inadvertent, minor, and excusable, and did not meet the high threshold required for an award of damages. The appellant was not denied an effective remedy, as the principle of effectiveness does not override the substantive requirements for damages. Addi…
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Costs incurred prior to trial in relation to the alternative bad faith case are common costs with the manifest error case and should be awarded to the claimants; no order for costs is made for the trial period regarding the alternative bad faith case.
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Working on Wellbeing Ltd (t/a Optima Health) v Secretary of State for Work and Pensions & Ors [2024] EWHC 766 (TCC) (05 April 2024)
The High Court upheld DWP’s exclusion of Optima’s procurement bid for exceeding framework maximum prices on some line items and dismissed Optima’s claim.
Braceurself Ltd v NHS England [2023] EWCA Civ 837 (14 July 2023)
The Court of Appeal held that NHS England’s Respondent’s Notice was not a cross-appeal and did not require permission because it defended the result on alternative grounds.
Palladian Partners LP & Anor v The Republic Of Argentina & Anor [2023] EWHC 1421 (Comm) (09 June 2023)
Post-trial costs ruling on an alternative bad faith case. The court declined costs for the trial period, but allowed pre-trial common costs.
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