Gerard Martin Scott & Ors v Belfast Education & Library Board
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NICh 4 |
| Court | Chancery Division (Northern Ireland) |
| Year | 2007 |
| Date | 15 June 2007 |
1
Neutral Citation no. [2007] NICh 4
Ref:
WEAH4761.T
Judgment: approved by the Court for handing down
Delivered:
15/06/07
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
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BETWEEN:
GERARD MARTIN SCOTT & ORS
Plaintiffs;
and
BELFAST EDUCATION & LIBRARY BOARD
Defendant.
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WEATHERUP J
[1] Before the Court is a preliminary issue in these proceedings and two
questions are raised. First, do the tender documents give rise to an implied term of
fairness and good faith? Secondly, if so, does the implied term of fairness and good
faith require the absence of any material ambiguity in the tender documents that
would significantly affect a tender?
[2] The proceedings are by way of originating summons between the plaintiffs,
as contractors, and Belfast Education & Library Board, as employer. Maurice Flynn
& Sons Ltd are rival contractors to the plaintiffs and are notice parties to the
proceedings. The plaintiffs sought an interim injunction, in the first place restraining
the defendant from proceeding with a tendering process in respect of the award of
measured term contracts for general building works in two areas, Belfast East and
North and Belfast South and West and secondly, the plaintiffs sought an order
restraining the award of any measured term contract for the maintenance work. On
31 October 2006, upon an ex parte application by the plaintiffs, I granted an interim
injunction.
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... ... ; [24] In conclusion I refer to Scott v Belfast Education and Library Board [2007] ... ...