A sign of things to come; the judicial review permission hearing (Siderise v Kensington and Chelsea)
Public Law analysis: Siderise Insulation Ltd have been successful in obtaining permission to bring a judicial review challenge in respect of the decision by the Royal Borough of Kensington & Chelsea to prohibit the use of their products and prohibit contracts with them as a supplier in all projects going forward, a decision that had been taken by the council as a result of the reports issued by the Grenfell Inquiry. The judgment handed down regarding Siderise’s permission application indicates how important the full decision will be, touching on issues concerning the following of policy by the council, the ability of the council to exclude bidders from future procurements under the Public Contract Regulations 2015 and how issues of limitation should be interpreted where a judicial review concerns a procurement matter. While procurement law is changing, as new procurements are subject to the Procurement Act 2023, the case will still provide useful guidance for public bodies on how to conduct themselves in matters concerning sensitive policies and commercial providers. Written by Sarah Whittle, legal director at Blake Morgan.