SSP Health v NHS East Lancashire – procurement law claims out of time

04 Dec 2013

The High Court (Burnley District Registry)  has granted summary judgment on claims brought against NHS East Lancashire under the Public Contracts Regulations 2006, judging them to have been brought out of time.  The judge carefully analysed the information provided to the Claimant as part of a (voluntary) debrief process, and found that the information underpinning the claim had been provided more 30 days before the claim was issued.  The subsequent provision of a redacted copy of the winning bid under the Freedom of Information Act 2000 did not save the claim from being out of time.

The judge commented on the “harsh reality” of the time limits which apply under Regulations, at the same time noting that the Defendant had gone beyond its obligations to provide the Claimant with information about the procurement process.

In the course of its judgment, the Court also ruled that expert evidence was not admissible in support of the claims, applying the ruling of Coulson J in BY Development.

Rob Williams acted for the successful Defendant, instructed by Hempsons.

Click to view the SSP Health v NHS judgment.