Leonard Personnel Ltd, Re Application for Judicial Review [2008] NIQB 63 (28 May 2008)

Leonard Personnel Ltd, Re Application for Judicial Review [2008] NIQB 63 (28 May 2008)

The applicant failed to establish arguable grounds for judicial review as the assessment of its tender was within the discretion of the proposed respondent and no sufficient public law issue was demonstrated.

Source-derived case information.

Citation
[2008] NIQB 63
Parties
Applicant: Leonard Personnel Limited; Proposed Respondent: Central Procurement Directorate of the Department of Finance and Personnel
Jurisdiction
Northern Ireland
Judgment Date
28 May 2008
Procedural Posture
Judicial Review Application / Application for Leave to Apply for Judicial Review
Outcome
leave to apply for judicial review refused
Legal Topics
Framework Agreements, Tender Assessment, Public Law Element in Procurement, Judicial Review Grounds
Public Procurement Administrative Law Framework Agreements Tender Assessment Public Law Element in Procurement Judicial Review Grounds

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Parties

Leonard Personnel Limited

Applicant

Central Procurement Directorate of the Department of Finance and Personnel

Proposed Respondent

Procedural Posture

Judicial Review Application / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the assessment of the applicant's tender was irregular and amenable to judicial review
  2. 2 Whether the dispute raised a sufficient public law element to justify judicial review
  3. 3 Whether the contract was a Part A or Part B contract under the Public Contract Regulations 2006

Ratio Decidendi

The applicant failed to establish arguable grounds for judicial review as the assessment of its tender was within the discretion of the proposed respondent and no sufficient public law issue was demonstrated.

Court Disposition

leave to apply for judicial review refused