McLaughlin and Harvey Limited v Department of Finance and Personnel
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 22 February 2008 |
| Neutral Citation | [2008] NIQB 25 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2008 |
| Date | 22 February 2008 |
1
Neutral Citation no. [2008] NIQB 25 Ref:
DEE7092
Judgment: approved by the Court for handing down Delivered:
22.02.2008
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
QUEEN’S BENCH DIVISION
________
ACTION 2008 NO. 5070
________
McLAUGHLIN AND HARVEY LIMITED
Plaintiff;
-v-
DEPARTMENT OF FINANCE AND PERSONNEL
Defendant.
________
DEENY J
[1] The plaintiff in this matter issued proceedings on 16 January 2008
seeking, inter alia, an order suspending the procedure being conducted by the
defendant with the aim of concluding a Framework Agreement entitled
Integrated Supply Team Framework Agreement (CPD No. 1542/06).
Following an ex parte application on the same date the defendant agreed not
to conclude the said framework agreement until the application by the
plaintiff for an interlocutory injunction was heard by the court on 12 February
and following days. At the conclusion of the hearing of the application for the
interlocutory injunction before me on Friday 15 February the defendant
undertook to maintain their position until the delivery of this interlocutory
judgment.
Facts
[2] The plaintiff’s claim arises in this way. The Central Procurement
Directorate (“CPD”) is a Directorate of the defendant department. In
affidavits before the court officials of the CPD explain with reference to a
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8 cases
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Sidey Limited V. Clackmannanshire Council And Another
... ... Brothers (Magherafelt) Limited and others v Department of Education for Northern Ireland [2008] NIQB 153 was ... Finally, McLaughlin and Harvey Limited v Department of Finance and Personnel ... ...
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Federal Security Services Ltd v Chief Constable for the Police Service of Northern Ireland and Resource Group Limited
...[1991] 1 AC 603. I have recently addressed the former authority in McLaughlin and Harvey Limited v. Department of Finance and Personnel [2008] NIQB 25, paragraphs [5] and [6]. [39] Reading these two authorities together I approach the matter under the six headings identified in Lord Diplock......
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McLaughlin and Harvey limited -v- Department of finance and Personnel
...of the defendant refusing an interlocutory injunction. See McLaughlin and Harvey Limited v. Department of Finance and Personnel (No 1) [2008] NIQB 25. Having heard submissions from counsel, who were largely but not completely in agreement, I directed that the trial should proceed on liabili......
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Word Perfect Translation Services Ltd v The Minister for Public Expenditure and Reform
...on the comments of Deeny J. in the High Court in Northern Ireland in McLaughlin and Harvey Limited v. Department of Finance and Personnel [2008] NIQB 25 (“ McLaughlin and Harvey”), the appellant contended that there is a public interest in ensuring that there is no double payment by the con......
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2 firm's commentaries
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Case Law Review - Construction, Property & Real Estate (March 2009)
...determination. CONTRACT AND PROCUREMENT LAW Challenge To Contract Award McLaughlin & Harvey Ltd v Department of Finance and Personnel [2009] TCLR 2 (NI The full trials in this and the Henry Bros case have now taken place, resulting in success for the contractors in their respective chal......
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Case Law Review - Construction, Property & Real Estate (July/August 2009)
...by Sarah Pengelly, MacRoberts Public Contracts Regulations Breach McLaughlin & Harvey Ltd v Department of Finance and Personnel [2009] 122 Con LR 157 (No. 1) N. Ireland QBD 169 (No. 2) 194 (No. 3) Contractors McLaughlin & Harvey were aggrieved at not being included in a Northern Ire......