Time limits for challenge
Produced in partnership with Deborah Ramshaw of Womble Bond Dickinson

The following Local Government practice note produced in partnership with Deborah Ramshaw of Womble Bond Dickinson provides comprehensive and up to date legal information covering:

  • Time limits for challenge
  • What is the scope for challenge under the PCR 2015?
  • General time limits
  • Special time limits for a declaration of ineffectiveness
  • Issuing proceedings
  • Judicial review

Time limits for challenge

What is the scope for challenge under the PCR 2015?

Under the Public Contacts Regulations 2015 (PCR 2015), a bidder may be able to bring a challenge against the contracting authority if:

  1. the PCR 2015, or any other enforceable obligation in the field of public procurement in respect of an award falling under PCR 2015, Pt 2, have been breached

  2. the bidder is from the UK or another EEA state or, where the World Trade Organization Agreement on Government Procurement (GPA) applies to the contract, a GPA state, or from another state that is party to a relevant bilateral agreement

  3. the bidder has suffered, or risks suffering, loss or damage as a result of the breach

  4. court proceedings are brought in time (see below)

General time limits

Under the PCR 2015, time starts to run for a procurement challenge when the claimant first knew or ought to have known of the grounds for starting the proceedings (‘date of knowledge’).

The aggrieved bidders must bring a claim within 30 days from the date of knowledge. This period can be extended at the court's discretion up to a maximum of three months from the date of knowledge.

The court has

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