Overview

The High Court in Azam & Co v Legal Services Commission [2010] EWHC 960 (Ch) dismissed a claim by a firm of solicitors for relief under the Public Contracts Regulations 2006 ("the Regulations"). The decision provides insight into the extent to which those wishing to engage in a public tender process may have a legitimate expectation to be kept informed by the public authority of details of that process.

Key points

- The way in which details of past tender processes have been communicated to potential bidders is capable, in appropriate circumstances, of creating a legitimate expectation as to the communication of details of future tender processes if that expectation is objectively reasonable.

- Such a legitimate expectation can be discharged by suitable publicity and, if the circumstances require, direct communication, of the existence of and source of further information regarding a tender process.

- The legal principles that the claimants in Azam sought to invoke (legitimate expectation, but also proportionality, equal treatment, nondiscrimination and transparency) can only assist those that act with reasonable care and diligence about their own business affairs. A failure to take objectively reasonable steps to keep informed of procedural aspects of a tender process may serve to defeat a legal action brought on grounds such as breach of legitimate expectations.