[2011] EWHC 964 (Admin)

On 14 April 2011 the High Court dismissed an application for judicial review of a decision by the Legal Services Commission (LSC) to reject a tender and to refuse to allow the tenderer to provide missing information. The claimant had erroneously submitted a blank version of a mandatory form when electronically submitting its tender documents. The High Court found that the error was solely that of the claimant. There was no requirement of proportionality or equality which would justify the form being completed and accepted after the prescribed deadline. LSC was not obliged to point out the error or to accept submission of the missing information after the deadline. For it to have done so would have been unfair to other tenderers and would have breached the principles of equal treatment and transparency.