Jurisdiction(s):
United Kingdom

Oracle Security v Barts: PCR 2015 limitation: 30-day period runs from day of knowledge; solicitors’ knowledge imputed; summary judgment refused on triable knowledge issues (EWHC TCC, England and Wales)

Published on: 28 October 2024

Published by a LexisNexis Public Law expert

Legal News

Article summary

Oracle Security Services Ltd v Barts Health NHS Trust and others [2024] EWHC 1201 (TCC)

What are the practical implications of this case?

Mr Andrew Mitchell KC’s judgment offers significant clarification on how limitation periods operate in procurement challenges under PCR 2015, SI 2015/102, reg 92, confirming that the 30‑day window to issue proceedings starts on the very day the claimant acquires actual or constructive knowledge of the material facts, rather than the next day. For legal advisers, the ruling also highlights the imperative to act without delay on client instructions and pre‑action communications. As illustrated here, knowledge possessed by a claimant’s solicitor is attributed to the claimant, so solicitors must note any pertinent information received during pre‑action exchanges and calculate deadlines accordingly. The decision likewise stresses that contracting authorities and economic operators should clearly record when such information is provided, to forestall later disputes about the point at which time began to run. The case is a pointed reminder of the need for exact time calculations in procurement litigation.

What was the background?

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