Irish Waste Services Ltd and Northern Ireland Water Ltd, MT Waste Ltd, Road Safety Contracts Ltd, R Heatrick Ltd
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 2013 |
| Neutral Citation | [2013] NIQB 41 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2013 |
| Date | 25 March 2013 |
1
Neutral Citation No: [2013] NIQB 41
Ref:
TRE8803
Judgment: approved by the Court for handing down
Delivered:
25/03/13
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_________
QUEEN’S BENCH DIVISION
________
BETWEEN:
IRISH WASTE SERVICES LIMITED
Plaintiff;
-and-
NORTHERN IRELAND WATER LIMITED
MT WASTE LIMITED
ROAD SAFETY CONTRACTS LIMITED
R HEATRICK LIMITED
Defendants.
_______
TREACY J
Introduction
[1] The background to this action is set out in my first judgment reported at
[2010] NIQB 13. In short the plaintiff had sought injunctive relief and damages
against the first defendant restraining it from entering into the then proposed
contract for sludge management services with the successful tenderer, the second
defendant. The tender process for award of the contract in issue was conducted
using the Negotiated Procedure provided for in the Utilities Contract Regulations
2006 (“the UCR 2006 Regulations”).
[2] At paragraph [33] of its judgment the court concluded that it was satisfied
having regard to the nature of the plaintiff’s challenge that the grounds of challenge
first arose when the ITN was published in February 2009. Accordingly the plaintiff’s
delay in bringing the proceedings was fatal to their claim given the provisions of
Regulation 45(5)(b) of the 2006 Regulations. The court went on to observe that it did
not consider it necessary to address the plaintiff’s substantive submissions save to
record that the court was far from persuaded as to their substantive merit.
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