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ARTICLE · 08 DECEMBER 2010

Consultation On Time Limits In Procurement Actions

Bircham Dyson Bell LLP
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The Cabinet Office has launched a consultation on the appropriate time limits for commencing proceedings in procurement cases. This follows the decision of the European Court of Justice in Uniplex (UK) Limited v NHS Business Services Authority in January 2010.

United KingdomGovernment, Public Sector
Nick Maltby
Nick Maltby

The Cabinet Office has launched a consultation on the appropriate time limits for commencing proceedings in procurement cases. This follows the decision of the European Court of Justice in Uniplex (UK) Limited v NHS Business Services Authority in January 2010. The ECJ ruled that time only started to run for the purposes of bringing proceedings when the claimant knew or ought to have known of the breach of the rules and that the requirement in regulation 47(7) of the Public Contracts Regulations to bring proceedings "promptly" and in any event within three months of date when grounds for bringing the proceedings arose is inconsistent with EU law. Regulation 47 therefore needs amending to comply with the judgment.

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