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Court of Appeal upholds the High Court's decision to strike out the appellant's proceedings against the respondents, affirming that the claims, which were framed as conspiracy, were in substance for breach of public procurement law and were brought significantly out of time. The appellant's contention that the action was founded on conspiracy rather than public procurement was not accepted, as the underlying issues related to a tender process and contract award from 2011, which the appellant alleged was conducted improperly. The court found that any claims related to this process were barred by the statute of limitations, and the appellant's attempt to reframe the issue as a conspiracy did not circumvent the strict time limits set by public procurement regulations.
Court of Appeal, public procurement law, conspiracy, statute of limitations, National Postcode System (NPS), Communications Regulation (Postal Services) Act, 2011, tender process, pre-qualification questionnaire (PQQ), breach of contract, damages, injunctions, Capita Business Support Services Limited, An Post, judicial review, Remedies Regulations, Rules of the Superior Courts (RSC), European Communities (Award of Contracts by Utility Undertakings) Regulations, 2007, Directive 2004/17/EC, Directive 2004/18/EC, European Communities (Public Authorities' Contracts) (Review Procedures) Regulations, 2010, European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations, 2017.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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