Lightways (Contractors) Ltd v. North Ayrshire Council [2008] ScotCS CSOH_91 (20 June 2008)

The pursuer established prima facie cases on several grounds, but the balance of convenience, particularly the financial prejudice to the defender and adequacy of damages, outweighed the strength of the pursuer's case, warranting refusal of interim suspension.

Citation: [2008] ScotCS CSOH_91
Parties: Pursuer: Lightways (Contractors) Limited; Defender: North Ayrshire Council
Jurisdiction: Scotland
Judgment Date: 20 June 2008
Procedural Posture: Motion for Interim Suspension in Public Contract Award Dispute / Interim Order Application
Outcome: Motion for interim suspension refused
Legal Topics: Equal Treatment of Tenderers, Award Criteria, Transparency in Tender Assessment, Debriefing Obligations, Interim Remedies

Public Procurement Administrative Law European Law Equal Treatment of Tenderers Award Criteria Transparency in Tender Assessment Debriefing Obligations Interim Remedies

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Lightways (Contractors) Limited

Pursuer

North Ayrshire Council

Defender

Procedural Posture

Motion for Interim Suspension in Public Contract Award Dispute / Interim Order Application

Legal Issues

1 Whether the defender failed to treat tenderers equally during the process
2 Whether the defender failed to comply with requirements as to award criteria
3 Whether the scoring exercise lacked equal and transparent assessment

Ratio Decidendi

Court Disposition

Motion for interim suspension refused

Orders

Refused to order interim suspension of implementation of defender's decision to award contract to Centre Great
Reserved question of expenses