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Over-reliance? Court upholds authority’s discretion when assessing reliance on third parties to satisfy minimum turnover requirements

Over-reliance? Court upholds authority’s discretion when assessing reliance on third parties to satisfy minimum turnover requirements
Published on: 28 September 2020
Published by: LexisPSL
  • Over-reliance? Court upholds authority’s discretion when assessing reliance on third parties to satisfy minimum turnover requirements
  • Case details
  • The invitation to tender
  • Winning tenderer’s submission
  • Clarification
  • The proceedings
  • The judgment

Article summary

Public Law analysis: In A C Whyte & Company Limited v Renfrewshire Council [2020] CSOH 82, Lord Tyre handed down a judgment in the Outer House of the Court of Session dismissing a procurement challenge against a local authority for allowing a tenderer to rely on the capacity of third parties to satisfy the prescribed minimum turnover requirements for economic and financial standing. Graeme Young of CMS Cameron McKenna Nabarro Olswang LLP considers how the judgment highlights the discretion afforded to authorities when evaluating tenders, provided that discretion is exercised in accordance with the principles of equal treatment, non-discrimination and transparency. or take a trial to read the full analysis.

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