R (Good Law Project Ltd) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin)

Facts

  • The Good Law Project, a non-profit organization, challenged the lawfulness of government-awarded contracts for personal protective equipment (PPE) during the COVID-19 pandemic.
  • The claim centered on alleged preferential treatment given to certain suppliers and raised concerns about compliance with procurement law, notably the principles of transparency and equal treatment.
  • The challenge was brought in the context of urgent public procurement measures during a national emergency.
  • The case did not result in the overturning of the government's procurement decisions.

Issues

  1. Whether the Good Law Project had standing to bring a public interest challenge regarding government procurement decisions.
  2. Whether the government's award of contracts for PPE breached procurement law principles of transparency and equal treatment.
  3. Whether public interest considerations permit challenges by organizations without a direct financial interest in the contract.
  4. Whether the claimant’s specialist knowledge and resources were relevant to standing in procurement disputes.
  5. Whether the government’s emergency procurement actions were subject to scrutiny on public interest grounds.

Decision

  • The High Court confirmed that public interest standing allows organizations or individuals without a direct financial interest to challenge government procurement decisions if they demonstrate sufficient interest in the subject.
  • The court distinguished genuine public interest concerns from purely private or political motives.
  • The court recognized the claimant’s specialist knowledge and resources as relevant to the issue of standing.
  • The main grounds of challenge regarding transparency, equal treatment, and alleged preferential supplier treatment were ultimately rejected.
  • The judgment emphasized the necessity for careful scrutiny of government procurement decisions, particularly during emergencies.

Legal Principles

  • Public interest standing requires claimants to demonstrate a real interest in the lawful application of procurement law, beyond private or political concerns.
  • The claimant’s specialist knowledge and resources may support standing where they advance the quality of legal argument and contribute to legal development.
  • Procurement law requires transparency and equal treatment in the awarding of contracts, applying also during urgent circumstances.
  • Judicial review remains available as a means to ensure government accountability and adherence to procurement rules, including in emergencies.

Conclusion

The decision clarified the scope and requirements of public interest standing in procurement disputes, confirming the important role of public interest groups in promoting transparency and accountability in government contracting, while upholding limits to such challenges and reinforcing core principles of public procurement law and judicial review.

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