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Northern Ireland Case Law

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Public procurement [2023] NIKB 13

Causeway Geotech Ltd v Queen's University Belfast

Causeway Geotech Ltd v Queen's University Belfast [2023] NIKB 13 (21 June 2023)

The High Court in Northern Ireland held that a procurement challenge was time-barred under Regulation 92 because the claimant had sufficient knowledge well before issuing proceedings.

  • Limitation periods
  • Knowledge for time bar
  • Public contract regulations 2015
  • Extension of time limits
  • Public-procurement
  • Limitation-periods
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Public procurement [2023] NIKB 14

Omagh Forum for Rural Associations v Department of Agriculture, Environment and Rural Affairs

Omagh Forum for Rural Associations v Department of Agriculture, Environment and Rural Affairs [2023] NIKB 14 (30 January 2023)

The court refused to lift the automatic procurement suspension, holding that damages were not an adequate remedy for the not-for-profit incumbent provider and that the balance of convenience favoured staying the award.

  • Automatic suspension
  • Adequacy of damages
  • Balance of convenience
  • Interim relief
  • Not-for-profit entities
  • Public-procurement
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Public procurement [2023] NIKB 4

Weir & Anor, Re Application for Judicial Review

Weir & Anor, Re Application for Judicial Review [2023] NIKB 4 (18 January 2023)

The High Court in Northern Ireland dismissed a judicial review challenge to an education procurement decision limiting lead consultant roles to architects.

  • Selection criteria
  • Professional qualifications
  • Fettering of discretion
  • Irrationality
  • Fair competition
  • Public-procurement
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Contract law [2022] NIQB 64

WorldWide Environmental Products INC v Driver and Vehicle Agency

WorldWide Environmental Products INC v Driver and Vehicle Agency [2022] NIQB 64 (22 August 2022)

The High Court in Northern Ireland granted an interim injunction restraining the DVA from implementing termination of a vehicle-testing contract, subject to an undertaking in damages.

  • Interim injunctions
  • Contract interpretation
  • Termination for breach
  • Public procurement disputes
  • Damages limitation clauses
  • Interim-injunctions
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Public procurement [2021] NICA 23

Department For Infrastructure v Northstone (NI) Ltd

Department For Infrastructure v Northstone (NI) Ltd [2021] NICA 23 (21 April 2021)

The Court of Appeal in Northern Ireland dismissed the Department’s appeal, upholding findings of manifest error, lack of transparency, and unequal treatment in a road-resurfacing procurement.

  • Tender evaluation
  • Manifest error
  • Equal treatment
  • Transparency
  • Non-discrimination
  • Public contracts
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Public procurement [2021] NIQB 41

QMAC Construction Ltd v Northern Ireland Housing Executive

QMAC Construction Ltd v Northern Ireland Housing Executive [2021] NIQB 41 (04 April 2021)

The court set aside a tender rejection after finding the contracting authority had discretion to accept late certificates that were approved before the deadline.

  • Tender exclusion
  • Discretion to admit late documents
  • Principles of equal treatment and proportionality
  • Public-procurement
  • Tender-exclusion
  • Late-tender-documents
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Public procurement [2020] NIQB 62

TES Group Ltd v Northern Ireland Water Ltd

TES Group Ltd v Northern Ireland Water Ltd [2020] NIQB 62 (09 October 2020)

The High Court set aside the automatic suspension over Lot 2 of a water-services procurement, finding damages adequate for TES and the balance of convenience for the defendant.

  • Automatic suspension of contract award
  • Adequacy of damages
  • Balance of convenience
  • Abnormally low tenders
  • Interim relief
  • Public interest in procurement
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Public procurement [2020] NIQB 51

F P McCann Ltd v Department for Regional Development

F P McCann Ltd v Department for Regional Development [2020] NIQB 51 (26 June 2020)

The High Court of Northern Ireland quantified damages in a procurement dispute by treating the claim as loss of chance, awarding 50% of the assessed loss plus certain collateral heads.

  • Loss of chance
  • Assessment of damages
  • Breach of public contracts regulations
  • Quantum of damages
  • Interest on damages
  • Public-procurement
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Public procurement [2020] NIQB 50

F P McCann Ltd v Department Of Regional Development

F P McCann Ltd v Department Of Regional Development [2020] NIQB 50 (01 June 2020)

The court allowed the defendant to raise, by amended defence, CMA findings of cartel conduct that might have affected the plaintiff’s entitlement to damages.

  • Exclusion from public contracts
  • Grave misconduct
  • Cartel conduct
  • Damages assessment
  • Late amendment of pleadings
  • Public-procurement
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Public procurement [2019] NIQB 100

F P McCann Ltd Department for Regional Development

F P McCann Ltd Department for Regional Development [2019] NIQB 100 (12 December 2019)

The court held that procurement breaches in rejecting an abnormally low tender were sufficiently serious to justify damages under Francovich and refused to reopen the defence.

  • Abnormally low tender
  • Damages for breach of procurement regulations
  • Francovich conditions
  • Public contracts regulations 2006
  • Remedies directive
  • Public-procurement
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Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.