Cases - Lion Apparel Systems Ltd v Firebuy Ltd
Record details
- Name
- Lion Apparel Systems Ltd v Firebuy Ltd
- Date
- (2007); (2008); [2008]
- Citation
- EWHC 2179 (Ch); Eu LR 191; EWHC 122 (Ch)
- Legislation
- Keywords
- Non-disclosure of convictions - selection criteria - intentional favouritism
- Summary
-
An interim order was sought pursuant to the regulations’ predecessor (the Public Services Contracts Regulations 1993) to prevent a procuring authority from entering into a contract with a company for the supply of fire-fighters' uniforms and personal protective equipment. The complaint was that a preferred bidder had failed to disclose previous convictions for trade descriptions of fire-fighters’ uniforms.
The application was refused where the party seeking the order had demonstrated a weak case against the authority and where damages would not be an adequate remedy for the authority if the order was made but it transpired at trial that it should not have been made.
The procuring authority had a discretion to deal with non-disclosure of convictions in selection criteria. How it exercised that discretion was not manifestly wrong. Furthermore, what errors had been made in scoring would not have improved the applicant’s overall score, with the result that it suffered or risked suffering loss or damage.
In the later application for summary judgment ([2008] EWHC 122 (Ch)) this ruling was upheld in part on issues of intentional favouritism when applied to the test of whether the applicant had a realistic prospect of success. The trial is not reported however.