[2011] EWCA CIV 708

On 21 June 2011 the Court of Appeal dismissed an appeal by J Varney & Sons against a ruling of the High Court that rejected its action for damages against Hertfordshire County Council for alleged breaches of the Public Contracts Regulations 2006. The claimant argued that the Council had failed to disclose criteria, sub-criteria and weightings which were applied in the assessment of tenders. The Court of Appeal concluded that the High Court had correctly identified the relevant matters as sub-criteria of published criteria. In accordance with the ECJ case ATI –EAC, hitherto regarded as an exception to the principle that sub-criteria weightings should be disclosed, the Court held that the Council was not required to disclose the weightings that it applied to these sub-criteria in evaluating the tenders.