[2011] EWHX 1087

On 28 April 2011 the High Court has dismissed an application by an unsuccessful tenderer for review of a decision by a contracting authority not to allow the tenderer to correct a genuine mistake in the tender documents submitted. The High Court concluded that the contracting authority had not acted irrationally or disproportionately in refusing to allow correction following submission of the tender, even though the error was objectively verifiable. The mistake did not give rise to any ambiguity in the terms of the tender, which the contracting authority might have been under a duty to seek to clarify.