Jurisdiction(s):
United Kingdom

Public First procurement: High Court finds apparent bias; reliance on PCR 2015 reg 32 lawful but objective, impartial selection required; Good Law Project has standing (England and Wales)

Published on: 14 June 2021

Published by a LexisNexis Public Law expert

Legal News

Article summary

R (on the application of Good Law Project Ltd) v Minister for the Cabinet Office [2021] EWHC 1569 (TCC)

What are the practical implications of this case?

The judgment is notable in confirming that reliance on PCR 2015, SI 2015/102, reg 32(2)(c) was lawful on the facts, yet did not absolve the defendant from running the procurement in a way that evidenced a fair, even-handed selection exercise. The court stressed the need to adduce proof that objective criteria underpinned the choice of contractor. Personal links between the decision-maker and the successful supplier did not, as a matter of principle, mandate recusal or preclude an objective evaluation of the award’s merits. Instead, the perceived bias stemmed from the defendant’s failure, on the evidence, to demonstrate that such an objective appraisal actually occurred. The decision will also be read for the judge’s observations on standing. In finding that the Good Law Project possessed sufficient interest to sue, the court referred to the organisation’s ‘expertise and experience’ and its ‘sincere interest’ in good administration; and that it was unrealistic to suggest that...

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