0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

security risk

9 January 2012

The risk of evaluating “irrelevant” information has been emphasised in the recent case of Resource v Northern Ireland Courts and Tribunals Service (NICTS) [2011] a tender for security and other services. The unsuccessful bidder claimed that NICTS had evaluated the part of G4S’ proposal which was different from the criteria set out in the Statement of Requirements instead of disregarding it as “irrelevant”.

The court agreed with the applicant. Firstly, NICTS did not have good evidence recording their evaluation process which in general is very important. Secondly, it was clear that G4S’ alternative proposals were taken into account which meant G4S received preferential treatment. By giving weight to “irrelevant” information the panel had committed a serious and manifest error.

The court set the award procedure aside. This case highlights once again the importance of evaluation based solely on the information available to all potential bidders and to record clearly the manner in which the evaluation criteria were applied.

related opinions

“Caution” is now the watchword when it comes to directly awarding public sectors contracts

The judicial review proceedings brought by the Good Law Project against the Department of Health and Social Care in relation to the £108m contract the Department awarded for PPE in April are about to shine a light on Regulation 32(2)(c) of the Public Contracts Regulations 2015.

View blog

Developments overlooking other land are not a nuisance

Developers received welcome confirmation from the Court of Appeal this month that ‘overlooking’ (providing a view into another’s property) does not constitute a nuisance or invasion of privacy.

View blog

EHRC harassment guidance

The Equality and Human Rights Commission has issued technical guidance this month on Sexual harassment and harassment at work.

View blog

Supreme Court provides comfort to public authorities facing village green applications

In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up