Cases - European Dynamics Sa v HM Treasury (Sued As Buying Solutions)

Record details

Name

European Dynamics Sa v HM Treasury (Sued As Buying Solutions)

Date

[2009]

Citation

EWHC 3419 (TCC)

Keywords

Suspension of framework agreement process - Alcatel standstill period - tenders marked unfairly - no reputational damage as no evidence that it would not obtain other work or lose market share

Summary

The applicant sought the continuation of an interim injunction restraining the Treasury from entering into a framework agreement under the regulations. The Treasury had invited tenders for framework agreements for the delivery of software application solutions for national health bodies and local authorities.

The applicant tenderer has been unsuccessful in each and in the Alcatel standstill period before tenders were accepted it asked for details of how the tenders had been scored and sought further information. It obtained an interim injunction that there were inadequacies in the tender documentation and that its tenders had been marked unfairly. The court held that, even though the evidence showed a serious issue in that there were discrepancies in the marking and system of evaluation. The balance of convenience favoured the discharge of the injunction. There would be prejudice to the Treasury and there would be delay of 6 months before trial to determine the matter.

The court also considered that there would be no reputational damage to the applicant were the injunction not to be continued and no evidence that it would not obtain other work or lose market share. Damages would not be difficult to assess. The court avoided the outcome of Apcoa by stating that, were the process to be suspended, then it might have to be re-run, and it might be potentially necessary to exclude the applicant from it.