Release Speech Therapy Ltd -v- H. S. E. [2011] IEHC 57 (18 February 2011)

Release Speech Therapy Ltd -v- H. S. E. [2011] IEHC 57 (18 February 2011)

A reasonably well-informed and normally diligent tenderer would have understood that both group and individual therapy were required; no breach of transparency occurred; applicant's inflexibility rendered it unqualified; no obligation to disclose weighting criteria in advance; certiorari relief is refused as applicant is not entitled to any remedy.

Citation
[2011] IEHC 57
Parties
Applicant: Release Speech Therapy Limited; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
18 February 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused
Legal Topics
Tender Process Transparency, Award Criteria Disclosure, Framework Agreements, Annex II B Contracts
Public Procurement Administrative Law European Union Law Tender Process Transparency Award Criteria Disclosure Framework Agreements Annex II B Contracts

Case Brief

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Parties

Release Speech Therapy Limited

Applicant

Health Service Executive

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the tender documentation breached transparency requirements by failing to disclose exclusion of group therapy only providers
  2. 2 Whether failure to disclose weighting and sub-thresholds for award criteria breached transparency
  3. 3 Whether certiorari is an appropriate remedy

Ratio Decidendi

A reasonably well-informed and normally diligent tenderer would have understood that both group and individual therapy were required; no breach of transparency occurred; applicant's inflexibility rendered it unqualified; no obligation to disclose weighting criteria in advance; certiorari relief is refused as applicant is not entitled to any remedy.

Court Disposition

Relief refused

Orders

  • Application for certiorari refused