| United Kingdom Cases |
Year
|
Ref
|
| American
Cyanamid Co (No 1) v Ethicon Ltd |
|
|
| Associated
Provincial Picture Houses Ltd v Wednesbury Corporation
|
|
|
Blackpool
and Fylde Aero Club Ltd. v Blackpool Borough Council
Blackpool and Clyde Aero Club delivered their tender
within deadline. It was mistakenly marked late and excluded
from the competition. The Council argued that an invitation
to tender was no more than, "a proclamation of a
willingness to receive offers" and that there was
no contract and hence no obligation to consider any tender.
Held that if a tender was received before the deadline
then there was a contractual right that the tender be
considered. |
|
|
Brent
LBC v Risk Management Partners
This is the Court of Appeal Judgment, the appeals
wre against decisions of Stanley Burnton LJ. In the first
judgment ([2008] EWHC 692 (Admin)), Stanley Burnton LJ
declared that Brent London Borough Council ("the appellants")
had no power to become a member or participating member
of London Authorities Mutual Limited ("LAML") or to make
payments or to enter into commitments to make payments
to LAML. These were proceedings by way of judicial review.
In the second judgment, ([2008] EWHC 1094 (Admin)) Stanley
Burnton LJ gave judgment for Risk Management Partners
Limited ("the respondents") in their claim for damages
against the appellants for breach of the Public Contracts
Regulations 2006 ("the 2006 Regulations") in awarding
contracts of insurance to LAML, a mutual insurance company
of which the appellants were a member. |
|
|
Harmon
CFEM Facades (UK) Ltd v. The Corporate Officer of the
House of Commons
Harmon (the subsidiary of a French company) submitted
the lowest tender to carry out works on Portcullis House,
the accommodation for Parliament. The client operated
a covert 'buy British' policy and treated Harmon accordingly.
HH Judge Lloyd " I consider that it is now clear
in English law that in the public sector where competitive
tenders are sought and responded to, a contract comes
into existence whereby the employer impliedly agrees to
consider all tenders fairly." Harmon recovered all
tender costs for breach of the tender contract. this was
a significant break through. Further, Harmon was allowed
to quantify its claim by referring to its lost chance
to be paid under the project, thereby including a profit
element, calculated by reference to its gross margin. |
|
|
|
Letting
International v Newham London BC
Tendering authority was in breach of the Public
Contracts Regulations 2006 and of an implied contract,
when conducting their tender procedure in regard to
works for private sector accommodation, they failed
to disclose weightings for award criteria and the scoring
against the criteria contained irregularities.
|
|
|
| Lion
Apparel Systems Ltd v Firebuy Ltd |
|
|
| LUCK
V LB OF TOWER HAMLETS |
|
|
| MATRA
COMMUNICATIONS SAS v HOME OFFICE |
|
|
| Morrison Facilities Services Limited v Norwich City
Council |
[2010]
|
EWHC 487 (Ch)
|
| Munro
v HMRC |
|
|
| Pharmaceutical
Society of Great Britain v Boots Cash Chemists (Southern)
Ltd. |
|
|
| R v Portsmouth City Council, Ex Parte Coles |
[1996]
|
95 LGR 494
|
| Sita
UK Ltd v Manchester Waste Disposal Authority |
[2010] |
EWHC 680 |
| R
(Law Society) v Legal Services Commission |
|
|
| Varney
v Hertfordshire County Council |
|
|
Fairclough v Port Talbot Borough Council
Despite the Claimant losing on the facts, the importance
was that the Court accepted that there was a contract
to be implied and that the council was under a duty to
honestly consider the tenders of those who they placed
on the shortlist, unless there was reasonable grounds
for not doing so. |
[1992]
|
62 BLR 82 (CA)
|
