Cases - Azam & Co v Legal Services Commission
Record details
- Name
- Azam & Co v Legal Services Commission
- Date
- [2010]
- Citation
- EWCA Civ 1194
- Legislation
- Keywords
- Invitation excluding deadline - party expected to be notified of deadline - tender submissions - deadlines necessary to tread tenderers equally - avoid favouritism
- Summary
-
The Court of Appeal considered the implications of a letter sent by the Legal Services Commission which invited existing suppliers of publicly funded immigration legal services but which did not directly notify the reader of the deadline. Instead it referred the reader to its website.
The firm of solicitors submitted late by 7 days and the Legal Services Commission refused an extension. The firm claimed relief under Regulation 47. It had conducted immigration work for 6 years previously under a series of civil contracts and argued that there it had a legitimate expectation that it would be notified directly of the deadline. Further that the Legal Services Commission should have exercised discretion to allow the tender so soon after the deadline.
The Court of Appeal dismissed the appeal, relying on J B Leadbitter. Deadlines were necessary to treat tenderers equally and to avoid favouritism. The firm of solicitors was not in any worse position that other potential tenderers by the deadline not being mentioned in the letter.