Cases - Amaryllis Ltd v HM Treasury (Sued As OGC buying Solutions)

Record details

Name
Amaryllis Ltd v HM Treasury (Sued As OGC buying Solutions)
Date
[2009]
Citation
EWHC 962 (TCC)
Legislation
Keywords
Time limit imposed by regulations - notice must identify the actual breach - failure to answer queries raised upon receipt
Summary

The court looked at the 3-month time limit imposed by the regulations to bring a claim under regulation 47 and notices under the regulation generally. The court considered that a notice must identify the actual breach and make reference to the regulations and a stated intention to commence proceedings. What mattered for limitation purposes was when the breach occurred.

The court applied the test in Jobsin Co UK Plc t/a Internet Recruitment Solutions) v DoH (2001) EWCA Civ 1241 and found that the tenderer could only have been aware of the ground for bringing proceedings when it was told that its bid had been unsuccessful. In any event, the Treasury’s failure to answer queries raised upon receipt of the unsuccessful bid meant that its actions were at fault such that the applicant would have had a valid claim for an extension of time.