HT-2023-000379 - [2024] EWHC 1201 (TCC)

Fecha: 20-May-2024

Conclusions

M. CONCLUSION

167.

For the reasons explained above:

167.1.

Time runs for the procurement claim beginning with the date of actual or constructive knowledge under Regulation 92(2) of the PCR.

167.2.

Regulation 92(3) either does not apply in this case at all, or if it did, any minimum period of time thereunder would have expired before the Claim Form was issued.

167.3.

There are triable issues of fact as to whether the Claimant had actual or constructive knowledge for time to start running under Regulation 92(2) by 20 July 2023, alternatively by or on 18 September 2023, as alleged by the Defendants.

168.

Since it is realistically arguable that the Claimant did not have the necessary knowledge until 19 September 2023 (in which case it is common ground that the Claim Form would have been issued in time), the Defendants’ application for summary disposal of the procurement claim therefore fails.

169.

I invite Counsel to agree an order. I will hear argument as to costs, as necessary. Although successful in the outcome, I have an open mind as to whether the ‘usual’ costs order in favour of the winning party is appropriate, including because of the number of time-consuming issues which the Claimant raised unsuccessfully.

170.

If the parties are unable to agree costs, I invite them to agree either that I can resolve any dispute on the basis of written submissions; or if they prefer, they should contact Listing to arrange for a short hearing to take place remotely.