Word Perfect Translations Services Ltd v Minister for Public Expenditure and Reform

• Jurisdiction: Ireland
• Judge: Clarke C.J.,MacMenamin J.,Charleton J.
• Judgment Date: 25 July 2018
• Neutral Citation: [2018] IESCDET 111
• Docket Number: A:AP:IE:2018:000020
• Court: Supreme Court
• Date: 25 July 2018

[2018] IESCDET 111

An Chúirt Uachtarach

The Supreme Court

Clarke C.J.

MacMenamin J.

Charleton J.

A:AP:IE:2018:000020

DETERMINATION

IN THE MATTER OF THE REVIEW OF THE AWARD OF A PUBLIC CONTRACT PURSUANT TO THE EUROPEAN COMMUNITIES (PUBLIC AUTHORITIES' CONTRACTS) (REVIEW PROCEDURES) REGULATIONS 2010 AND ORDER 84A OF THE RULES OF THE SUPERIOR COURTS (AS AMENDED)

BETWEEN

WORD PERFECT TRANSLATION SERVICES LTD

APPLICANT

AND

MINISTER FOR PUBLIC EXPENDITURE AND REFORM

RESPONDENT

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES

RESULT: The Court declines to grant leave to the respondent to appeal to this Court from the Court of Appeal.

ORDER SOUGHT TO BE APPEALED

COURT: Court of Appeal

DATE OF JUDGMENT OR RULING: 14th February 2018

DATE OF ORDER: 21st February 2018

DATE OF PERFECTION OF ORDER: 11th April, 2018

THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 9th May, 2018 AND WAS IN TIME.

REASONS GIVEN:

1 What is sought is an interlocutory appeal from the Court of Appeal which arises under the European Communities (Public Authorities' Contracts Review Procedures) Regulations 2010.

2 Whereas this Court rarely hears interlocutory appeals, it is argued on this application that this should be an exception since it is claimed that points of law that will be generally applied were decided by the Court of Appeal. The Court disagrees.

3 Under the Regulations, tender decisions by the State may be challenged on a range of criteria. In addition, interlocutory orders may be made whereby the apparent final award to a tenderer for a State contract may be suspended. This dispute was as between the disappointed tenderer and the State but would obviously impact on the undertaking apparently awarded the contract. The application was to suspend the award of the tender to another tenderer.

4 In that regard, it was translation services for public bodies generally which was at issue. Such a contract would involve considerable expenditure by the State and the winning tender could expect a supply of work and concomitant profits.

5 The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33rd Amendment have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all...