From next Monday 1 July 2013 the period for bringing a judicial review about a procurement process is going to be brought into line with that for challenging the process under the Public Contracts Regulations 2006 (“the Regulations”).
There will be a 30 day time limit for bringing proceedings. The previous regime’s criteria to bring proceedings based on promptness with a long stop of 3 months will still apply if the grounds for the application occurred before 1 July 2013.
Bringing the time periods in line in relation to complaints about the procurement process is a step which public bodies and procurement practitioners will no doubt welcome.
Courts are likely to strictly enforce the time limits. This is confirmed in the case of Turning Point Ltd v Norfolk County Council.
The benefit in deferring issuing a judicial review application about a procurement decision, as you had longer to do so compared to the time period for a challenge under the Regulations, is disappearing.