Clifford Chance

Big Brother is watching: When procurement exemptions apply and when to challenge

19 April 2022

In Excession Technologies Limited v Police Digital Service [2022] EWHC [413] (TCC),1 the English High Court dismissed a challenge brought by an unsuccessful bidder, Excession, for alleged breaches of procurement rules during a tender process which the contracting authority, Police Digital Service ("PDS"), claimed was exempt.

In doing so, the High Court clarified the general test for interpreting procurement exemptions under UK public procurement law and provided guidance on the application of statutory time limits for challenging the outcome of procurement processes.

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