UK Public Procurement Law Digest: Framework Agreements

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Court gives guidance on legal remedies available in respect of improperly awarded framework agreements:

Two recent decisions made by the High Court in Northern Ireland demonstrates that, under certain circumstances, the remedy that a Court can grant to an aggrieved bidder may go beyond the award of mere damages and could include the setting aside of an already awarded framework agreement.

What are the cases?

The cases are:

*McLaughlin and Harvey Limited v Department of Finance and Personnel (No. 3) [2008] NIQB 122, one of the series of decisions made by the Northern Irish High Court in respect of a claim brought by McLaughlin & Harvey Limited (“M&H”), a construction company that unsuccessfully tendered for a framework agreement relating to a series of construction projects that the Northern Irish Department of Finance and Personnel (“DFP”) sought to implement over a four-year period at a cost of £500-800 million.

*Henry Bros (Magherafelt) Ltd and others v Department of Education for Northern Ireland (No. 3 Remedies) [2008] NIQB 153, one of the series of decisions made by the Northern Irish High Court in respect of a claim brought by a consortium of building contractors, who unsuccessfully tendered for a framework agreement relating to a series of construction projects which the Department of Education for Northern Ireland sought to implement over a two-year period at a cost of £550-600 million.

Please see full update for more information.

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