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Public procurement breach does not invalidate contract but does result in partial costs award
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High Court refuses to issue a declaration regarding the non-compliance of a standstill letter with legal requirements, as requested by the plaintiff, on the grounds such a declaration was not originally sought in the proceedings, in circumstances where the plaintiff had challenged the award of a contract, succeeding only on the issue of the standstill letter's validity; however, the court determines that the plaintiff did not win the case overall, as it failed to secure any of the reliefs it sought, including invalidation of the contract or damages, and consequently, the court awards the plaintiff 15% of the costs of the action to reflect the cost of the issue on which it succeeded.
Public procurement - standstill letter - contract award challenge - declaration - costs of proceedings - High Court - non-compliance - Regulations 5 and 6 of the 2010 Regulations - alternative penalty - Regulation 11(7) - Regulation 13 - Legal Services Regulation Act 2015, s.169(1) -party and party costs - procurement law breach.
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