Closing JR loophole: time limits for challenging procurement decisions
The government has brought in new rules to close the judicial review (JR) loophole. Until 30 June, a losing bidder in a public procurement process sometimes had two options to bring a challenge to a decision: a claim under the Public Contract Regulations 2006, which had to be brought within 30 days from when the claimant knew or ought to have known of the grounds for its claim; or JR, where the deadline was three months.
If the bidder missed the first deadline, it could try the second. Indeed, Virgin Rail last year famously issued two sets of proceedings, one under the regulations and the other under JR. In this way, it was able to benefit from the favourable JR limitation period and also the favourable regulation remedies such as the automatic suspension prohibiting contract signing.
While useful for the bidder, this created uncertainty for contracting authorities, which could not feel entirely secure entering into public contracts until the three-month judicial review limitation period had expired…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Freshfields Bruckhaus Deringer has made waves in Manchester by offering the city’s paralegals turbocharged salaries to switch allegiances.
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all