Stewart Morrison, Partner, Head of Procurement and Supply Chain

Approach your lawyer for advice as soon as you become aware of an issue. In public procurement work especially, limitations are very tight, and proceedings need to be issued in a matter of days.

Approaching lawyers at an early stage will not prohibit you from trying to deal with the matter with the other side directly without us sending correspondence on your behalf, but it will mean that you are able to approach the other side in the knowledge that you have an appraisal of your position. Conversely, approaching the other side without advice could damage your position.

Every dispute has a legal element and a commercial element. There will almost always be legal costs that you cannot recover from the other side, even if you win. Conversely, you will have to pay the costs of the other party if you lose. Do not become so lost in the justice of your case, that it prevents you from resolving your dispute on a commercial basis.

How long do we have to bring a claim?

This varies on the type of dispute you are involved in. For example, for a contractual dispute you generally have up to six years to issue proceedings. Conversely, in public procurement litigation you are likely to have a matter of days to issue proceedings if you wish to prevent the award of the contract to the winning bidder.

Will we recover costs from the other side if we win?

In English law, the general rule is that the losing party pays the costs of the winning party. However, there will almost always be an element of legal costs that cannot be recovered from the other side.

We want to challenge a public procurement decision, are we still able to win the contract

If you issue proceedings before the contract is entered into, a public authority cannot award the contract and you will maintain a chance of being awarded the contract. However, the authority can apply to lift the suspension on awarding the contract, and such applications can be difficult to resist.