McLaughlin and Harvey Ltd v Department of Finance and Personnel
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 26 September 2011 |
| Neutral Citation | [2011] NICA 60 |
| Date | 26 September 2011 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2011 |
1
Neutral Citation No. [2011] NICA 60 Ref:
MOR8310
Judgment: approved by the Court for handing down Delivered:
26/09/2011
(subject to editorial corrections)*
IN HER MAJESTY'S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
McLAUGHLIN AND HARVEY LIMITED
Plaintiff/Respondent;
-and-
DEPARTMENT OF FINANCE AND PERSONNEL
Defendant/Appellant.
________
Before: Morgan LCJ, Higgins LJ, and Weatherup J
________
MORGAN LCJ
[1] The appellant issued an open competition for contractors to be placed
on a Framework Agreement whereby they could then tender for individual
works contracts. Following their failure to be placed on the Framework
Agreement the respondents, a consortium of building contractors,
commenced proceedings under the Public Contracts Regulations 2006 (the
2006 Regulations) claiming breach of statutory duty, breach of obligations
under the EC Treaty and breach of contract. Deeny J found for the
respondents on the issue of liability and ordered that the Framework
Agreement be set aside as the remedy for the breach. The appellant now
appeals on the grounds that the learned Judge erred in finding that appellant
had failed to disclose 39 award sub-criteria and their weighting and that he
was not barred by the 2006 Regulations from ordering the Framework
Agreement to be set aside.
Background
[2] The appellant published a contract notice in the Official Journal of the
European Union on 15 March 2007 inviting tenders for the inclusion in a
Framework Agreement relating to various constructions contracts which it
hoped to implement over the coming four year period. The contracts under
To continue reading
Request your trial
1 firm's commentaries
-
Setting Aside for Breach of Public Procurement Rules
...by the same justices of the Court of Appeal in Northern Ireland in McLaughlin & Harvey Ltd v Department of Finance and Personnel [2011] NICA 60. The Court of Appeal held that the High Court was correct in deciding that the Government department had not sufficiently brought details of th......