Letters & comment

摘要

Surely under the decision in Turning Point v Norfolk County Council (assuming the basis of the potential claim relates to the appointment of Mark Thurston announced on the 26 January) Mace are now beyond the 30-day time limit to have formally issued proceedings (Mace hires QC in HS2 row, 14 March). In particular the case noted that the fact that a tenderer becomes aware of a circumstance which may prejudice a contract award during the tendering process should not affect the application of the 30-day limit if it can reasonably be judged to have been aware (which it clearly would have been in this case). Also there would not appear to have been any circumstances whereby the court would consider extending the time frame as there was nothing to prevent Mace from having issued proceedings earlier (ie no "good reason" beyond their control) other than the fact they may have feared this would prejudice their chances of winning the bid.