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ARTICLE · 22 APRIL 2013

Scottish Case Law Developments

MacRoberts
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In Hastings, the judgment notes that the notification of intent to bring proceedings should contain the substantive points on which the decision to award is challenged.

United KingdomLitigation, Mediation & Arbitration
Julie Hamilton
Julie Hamilton
Robin Fallas
Robin Fallas
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Contracting authorities and bidders should take note of the following procurement law points brought out in the recent cases of Hastings & Co (Insolvency) Limited v The Accountant in Bankruptcy and Healthcare at Home Limited v The Common Services Agency:

  • Notification before action - In Hastings, the judgment notes that the notification of intent to bring proceedings should contain the substantive points on which the decision to award is challenged. In this case, legal arguments raised during proceedings which had not been included in the notification letter were struck out by the court.
  • Time limits on action - If a would-be tenderer has problems with the clarity of Invitation to Tender (ITT) documents, these problems should be raised at the time of reading the ITT and not held over to await feedback in any debriefing document. This issue only played a minor role in Hastings but it attracted comment from the court and the lesson is worth noting.

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