HT-2024-000271 - [2024] EWHC 3039 (TCC)

This section and the next section of this judgment are taken from the skeleton argument filed by Mr Patel K.C. on behalf of the Defendant. There is no significant factual dispute as to the matters which I set out in this and the following section of this judgment.

These proceedings arise out of a procurement conducted by the Defendant (“OGL”) for the provision of domestic and commercial heating services to its properties in the Midlands and East and South-East of England (“the Procurement”). OGL is a charitable registered provider of social housing with a portfolio of around 47,000 properties within the relevant geographical areas.

The Claimant (“RHH”) is a limited company specialising in installing and maintaining domestic and commercial heating and water systems. RHH is a substantial commercial organisation. Its latest accounts (up to 30 June 2023) show: (i) revenue of c.£43.4m (ii) an operating profit of c.£6.68m and (iii) net assets of c.£17m. In January 2024, RHH was acquired (through its parent, Robert Heath Group Limited) by Daikin UK Limited, a wholly owned subsidiary of Daikin Europe UK. The global group, Daikin Industries, employs over 96,000 people worldwide and achieved €28.2 billion turnover in sales in 2022.

In the proceedings, RHH challenges OGL’s decision in the Procurement to award the contracts for the provision of domestic heating services (Lots 1.1 and 1.2) to Aaron. There is no challenge to the decision to award contracts for the provision of commercial heating services (Lots 2.1 and 2.2).