The Defendant, Buying Solutions commenced a competitive public procurement to establish a framework agreement for the provision of IT goods and services. The Claimant B2Net Limited, an IT storage company providing companies with hardware and software to improve IT performance, submitted its response with a view to being selected for an invitation to tender (“ITT”).
B2Net Limited was informed that they had been unsuccessful but argued that they had unfairly lost marks because not all their reference contracts involved their acting as prime contractor.
The Judge, Tugendhat J., reviewed the evidence as to the losses that would be suffered if he were to grant of an interim injunction and decided that on balance no interim injunction should be granted.
The Claimant’s application was dismissed.
Michael Bowsher QC and Robert Palmer represented the Defendant, HM Treasury