Published on: 08 September 2022
Published by a LexisNexis Public Law expert
Braceurself Ltd v NHS England [2022] EWHC 1532 (TCC) underlines key lessons for both sides of a procurement dispute. For advisers to disappointed tenderers, it indicates that pursuing a broad challenge on multiple grounds can be a sound strategy where even a small upward tweak to scoring might have decisively changed the result. For contracting authorities, it is a sobering reminder that, even in a process that is otherwise well organised and meticulously planned (as acknowledged by Mr Nissen QC), evaluators must accurately grasp the substance of a bidder’s reply and must not allow irrelevant factors to influence the mark awarded.
Further, Mr Nissen QC confirmed the correct judicial approach when claims of manifest error are advanced against an authority. Following the reasoning of Mr Justice Fraser in Bechtel Ltd v High Speed Two (HS2) Ltd [2021] 195 Con LR 124; [2021] EWHC 458, where the court is invited to review completed evaluations, only conclusions or scores that are manifestly wrong fall to be revisited. The threshold for establishing manifest error is a demanding one—broadly comparable to irrationality—and the...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...