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ARTICLE · 02 JUNE 2009

New Guidance On The Time Limits For Public Procurement Challenges

CMS Cameron McKenna Nabarro Olswang
Explore more from CMS Cameron McKenna Nabarro Olswang

Earlier this month the courts gave new guidance on the critical time periods that govern challenges for breaches of the Public Contracts Regulations 2006 ("the Regulations").

United KingdomGovernment, Public Sector
Rupert Choat
Rupert Choat
Siobhan Costello
Siobhan Costello

Earlier this month the courts gave new guidance on the critical time periods that govern challenges for breaches of the Public Contracts Regulations 2006 ("the Regulations"). The case concerned the interpretation of the requirement that an action be brought "promptly and in any event within three months from the date when grounds for the bringing of the proceedings first arose".

The case arose from yet another challenged framework agreement (for the supply and installation of furniture for use by UK public sector bodies). The framework was divided into lots. Amaryllis brought court proceedings for over £11m on the ground that it had been wrongly excluded from two lots comprising the largest and most valuable part of the framework at pre-qualification stage.

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