Contracts & Procurement Procurement challenges – revised time limits


Signifi cant changes to the time limit for bringing legal proceedings under the Public Contracts


Regulations 2006 (where the


proceedings do not seek a declaration of ineffectiveness) were implemented by the Government with effect from the 1 October 2011. This fl ows from the decision of the Court of Justice of the European Union in Uniplex (UK) Ltd v NHS Business Authority C-406/08 in 2010.


According to the 2006 Public Contracts Regulations, a legal


challenge should be


brought promptly and in any event within three months of the ground for complaint


fi rst arising, subject to the Court’s discretion to extend time (reg 47(7)(b)). The amended regulation


requires such proceedings to


be started within 30 days beginning with the date when the economic operator fi rst knew or ought to have known that grounds had arisen. The court has power to extend the time for good reason but it must not permit proceedings which have been started more than three months after the actual or


constructive knowledge. Proceedings


are deemed started when the claim form is issued.


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