Varney v Hertfordshire County Council

John Howell QC and James Segan acted for Hertfordshire County Council in successfully defending a multi-million pound damages claim against the Council under the EU public procurement rules.  The judgment of Mr Justice Flaux, delivered on 16 June 2010, is a leading authority on (i) the ambit of the duty on contracting authorities to disclose criteria, sub-criteria and weightings, (ii) the provisions of the rules which relate to “abnormally low offers”, (iii) post-award amendments to a contract, and (iv) whether there is any implied contract to comply with EU public procurement rules.