26 May 2010
Sidey Ltd -v- Clackmannanshire Council and Pyramid Joinery & Construction Ltd [2010 CSIH 37] This recent decision of the Inner House (the Scottish civil appeal court) clarifies an important issue regarding the application of European procurement rules in Scotland.
Where a contract is below the relevant threshold value, then any aggrieved tenderer who has not concluded any contract with the contracting authority has one remedy in litigation – they must present a petition for judicial review to the Court. In such cases, statutory remedies provided by the regulations for over threshold contracts will not be available.
This is true even if the contracting authority chooses to undertake a procurement exercise that, in all respects other than being under the threshold, follows the procedures set out in the procurement regulations.
For more information about procurement matters, please contact Marion Davis or Paul Motion.