McLaughlin and Harvey Limited v Department of Finance and Personnel

JurisdictionNorthern Ireland
CourtQueen's Bench Division (Northern Ireland)
Writing for the CourtDeeny J
JudgeDeeny J
Judgment Date22 February 2008
Neutral Citation[2008] NIQB 25
Year2008
Date22 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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6 cases
2 firm's commentaries
  • Case Law Review - Construction, Property & Real Estate (March 2009)
    • United Kingdom
    • Mondaq United Kingdom
    • April 8, 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......
  • Case Law Review - Construction, Property & Real Estate (July/August 2009)
    • United Kingdom
    • Mondaq United Kingdom
    • September 3, 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......