Hossacks (A Firm of Solicitors), R (on the application of) v The Legal Services Commission
Citation: EWCA Civ 103
Nature of case:
The Court of Appeal, with all in agreement, refused permission to appeal on the basis of three points:
- Stanley Burton LJ upheld Blake J’s first instance decision that ‘it was reasonable and proportionate for the defendant to reject the claimant’s tender for Northamptonshire made as it was as part of a great many other bids containing in fact the same information’ because the fundamental defect in the Appellant’s applications arose from the fact that she misunderstood the basis of the tender.
- The Commission should not have sought clarification or amendment of the tender under Article 148(3) of the Implementing Regulation because the defects in the Appellant’s applications were not due to their ambiguity. The Appellant needed to withdraw her applications and to submit a new application, for the procurement area in which she had her office.
- The Appellant was unable to establish the first requirement of her case that the Commission acted in breach of its duty to treat her application in the same way as it had treated others.