Two of the main factors which typically influence a decision by an aggrieved bidder whether or not to raise a bid protest in the UK courts are costs and damage to future reputation. While the reputational stigma in the government market of being seen as a complainant seems set to remain as intangible as ever, there is now guidance from the UK courts as to how the issue of costs will be dealt with if an aggrieved bidder is successful – or, more likely, partly successful – in a procurement claim.

This edition of the MoFo UK Public Procurement Law Digest explains the approach adopted by the court in Mears v. Leeds County Council, where the aggrieved bidder was successfully awarded damages for a breach of the procurement regulations but had its costs award scaled down significantly because it had not prevailed on other key claims.