July 3rd, 2024 by James Goudie KC

In LANCASHIRE COUNTY COUNCIL v BROOKHOUSE GROUP LTD (2024) EWCA Civ 717 the Court of Appeal holds that the 30 day time limit under Regulation 95(3) of the Public Contracts Regulations, for seeking a Declaration of Ineffectiveness under Regulation 99, arising from an interested “economic operator” being given the “relevant reasons” it had been unsuccessful, did NOT apply where the Declaration was sought on the ground that NO CONTRACT NOTICE HAD BEEN PUBLISHED, despite one having been required.  In such a case, the limitation period was SIX MONTHS from the contract being entered into, unless the “contracting authority” issued a CONTRACT AWARD NOTICE. In that case the limitation period was 30 days, from when the contract was published.

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