Patersons of Greenoakhill Ltd v South Lanarkshire Council [2014] ScotCS CSOH_21 (07 February 2014)

Patersons of Greenoakhill Ltd v South Lanarkshire Council [2014] ScotCS CSOH_21 (07 February 2014)

Each ground of challenge advanced by the pursuers was weak; debrief requirements were met, GRP proposals were adequately supported, evaluation criteria were transparent, and quality assessment was properly conducted. The balance of convenience and public interest favoured granting an interim order to bring the regulation 47(9) prohibition to an end, as damages would be an adequate remedy for the pursuers if successful.

Citation
[2014] ScotCS CSOH_21
Parties
Pursuer: Patersons of Greenoakhill Limited; Defender: South Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
07 February 2014
Procedural Posture
Application for Interim Order Under Public Contracts (scotland) Regulations 2012 / Interim Proceedings
Outcome
Interim order granted; regulation 47(9) prohibition brought to an end in respect of both Lots.
Legal Topics
Tender Process Challenge, Compliance With Debrief Requirements, Evaluation Criteria Transparency, Manifest Error, Balance of Convenience, Public Interest
Public Procurement Administrative Law Tender Process Challenge Compliance With Debrief Requirements Evaluation Criteria Transparency Manifest Error Balance of Convenience Public Interest

Case Brief

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Parties

Patersons of Greenoakhill Limited

Pursuer

South Lanarkshire Council

Defender

Procedural Posture

Application for Interim Order Under Public Contracts (scotland) Regulations 2012 / Interim Proceedings

Legal Issues

  1. 1 Whether debrief letters complied with regulation 32
  2. 2 Whether successful tenderers' Guaranteed Recycling Percentage proposals were sustainable
  3. 3 Whether evaluation criteria were transparent and relevant

Ratio Decidendi

Each ground of challenge advanced by the pursuers was weak; debrief requirements were met, GRP proposals were adequately supported, evaluation criteria were transparent, and quality assessment was properly conducted. The balance of convenience and public interest favoured granting an interim order to bring the regulation 47(9) prohibition to an end, as damages would be an adequate remedy for the pursuers if successful.

Court Disposition

Interim order granted; regulation 47(9) prohibition brought to an end in respect of both Lots.

Orders

  • Interlocutor pronounced to bring regulation 47(9) prohibition to an end for both Lots of the contract.
  • Questions of expenses reserved.