Clyde Solway Consortium, Re Application For Judicial Review [2001] ScotCS 8 (16 January 2001)

Clyde Solway Consortium, Re Application For Judicial Review [2001] ScotCS 8 (16 January 2001)

The procedures adopted by the Scottish Ministers, including the timing and method of disclosure of base quantities and the application of sensitivity and weighting adjustments, did not breach the requirements of the Public Works Contracts Regulations 1991 or the relevant EU Directives. The process was sufficiently objective, transparent, and applied equally to all tenderers. There was no inherent unfairness or illegality in requiring tenderers to estimate quantities based on available information, nor in the assessment mechanisms used. The petitioners failed to establish any breach of law or irrationality justifying judicial intervention.

Citation
[2001] ScotCS 8
Parties
Petitioner: Clyde Solway Consortium; First Respondent: Scottish Ministers; Third Respondent: Amey Highways
Jurisdiction
Scotland
Judgment Date
16 January 2001
Procedural Posture
Judicial Review / Outer House, Court of Session Opinion
Outcome
Petition dismissed
Legal Topics
Tendering Procedures, Transparency in Public Contracts, Equal Treatment of Tenderers, Judicial Review of Administrative Action
Public Procurement Administrative Law European Union Law Tendering Procedures Transparency in Public Contracts Equal Treatment of Tenderers Judicial Review of Administrative Action

Case Brief

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Parties

Clyde Solway Consortium

Petitioner

Scottish Ministers

First Respondent

Amey Highways

Third Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session Opinion

Legal Issues

  1. 1 Whether the procedures adopted by the Scottish Ministers in assessing tenders for a public works contract complied with the requirements of the Public Works Contracts Regulations 1991 and relevant EU Directives, particularly regarding transparency, objectivity, and equal treatment of tenderers.
  2. 2 Whether failure to disclose base quantities and the mechanisms for assessment prior to submission of tenders rendered the process unlawful or irrational.

Ratio Decidendi

The procedures adopted by the Scottish Ministers, including the timing and method of disclosure of base quantities and the application of sensitivity and weighting adjustments, did not breach the requirements of the Public Works Contracts Regulations 1991 or the relevant EU Directives. The process was sufficiently objective, transparent, and applied equally to all tenderers. There was no inherent unfairness or illegality in requiring tenderers to estimate quantities based on available information, nor in the assessment mechanisms used. The petitioners failed to establish any breach of law or irrationality justifying judicial intervention.

Court Disposition

Petition dismissed

Orders

  • Petition refused; no order for suspension or interdict; no further proceedings warranted on the pleadings as they stand.