British Telecommunications plc v Common Services Agency

Public procurement – Tender assessment process – Remedies. Court of Session: In an action in which the pursuer challenged the defender's decision to appoint Capita plc as preferred bidder in relation to the procurement exercise concerning the Scottish Wide Area Network (SWAN), complaining about non-disclosure of an aspect of the scoring of the bids, the court, having concluded that there was a breach of the transparency requirement in the relevant regulations, refused to an grant order setting aside the decision to award the SWAN contract to Capita, and instead granted an order allowing the contract to be concluded, thus limiting pursuer's remedy to damages

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