Jurisdiction(s):
United Kingdom

Public procurement in the TCC: SRCL v NHS England on limitation, abnormally low tenders, confidentiality rings, solicitors as witnesses, and binding lists of issues (England and Wales)

Published on: 02 August 2018

Published by a LexisNexis Local Government expert

Legal News

Article summary

SRCL Ltd v National Health Service Commissioning Board (also known as NHS England) [2018] EWHC 1985 (TCC) What are the practical implications of this case?

The court delivered a series of significant observations that merit close attention across multiple aspects of the dispute. On procedure, it highlighted the centrality of agreed lists of issues, stating that a List of Agreed Issues is an essential device in contemporary litigation, not just in the specialist courts but across the High Court. The court was distinctly unimpressed by SRCL’s effort to advance a new contention at trial that had not appeared on the agreed list, determining that parties should be bound by what they have settled in that list rather than treating it as merely indicative. As to limitation, the judgment demonstrates that the short time limits under the Public Contracts Regulations 2015 SI 2015/102 (PCR 2015), reg 92, will be applied strictly—the court emphasised that parties ought to be ready to issue protective proceedings, and may even need to commence claims before the tender process has concluded. The court further stressed that an extension of time should only be...

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