Judicial Review available in non-PCR06 “unfair” public procurements

R (A) v Chief Constable of B Constabulary [2012]

11 Kings Bench Walk have published a note of the above case which raises the question whether or not there is a broad public law remedy for those who want to challenge the procedural fairness and transparency of public procurements which triggers the courts’ judicial review function.

Where the Public Contract Regulations 2006 do not apply in full, e.g. Part B Service (at least for the time being) or below threshold procurements) there is a clear need for more effective remedies and this judgement supports the proposition that such a public law remedy exists.


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