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Limitation periods in public procurement challenges (Oracle Security v Barts NHS Trust)

Published on: 28 October 2024
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Article summary

Public Law analysis: In Oracle Security Services Ltd v Barts Health NHS Trust and others, the High Court considered various aspects of the limitation period arising under regulation 92(2) of the Public Contracts Regulations 2015 (the PCR 2015). The judgment concerns an application by the defendants for summary disposal of Oracle's claim, which challenged the direct award of a contract by the First Defendant (the Trust). The key issue for consideration under the application was whether Oracle’s Claim had been brought within the 30-day limitation period prescribed by PCR 2015, reg 92(2). While refusing the defendants' application, the court confirmed that the date on which a claimant first gains actual or constructive knowledge of the breach is included within the 30-day limitation period under PCR 2015, reg 92(2). Written by Ruby Zahra, associate at Trowers & Hamlins LLP.

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