EWHC 1031 (TCC)
On 19 April 2011 the High Court handed down a judgment finding that Leeds City Council had breached the public procurement rules in a tender for improvement and refurbishment works for social housing. The High Court found that the Council had failed to disclose the weightings applied to certain award criteria or sub-criteria and that this could have affected the preparation of the claimant’s tender. The High Court concluded that, absent this breach, there was a real or significant, rather than a fanciful, chance that the claimant would have been successful in being selected to participate in the next stage of the tender procedure. It concluded that the appropriate remedy in this case was damages and that the Council’s award decision should not be set aside. The prejudice in terms of housing arrangements for a significant number of tenants and the delay in the provision of those arrangements weighed heavily against requiring the procurement process to start again.