This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase.
In its April 2016 judgment in Scott & Co (Scotland) LLP v. Aberdeenshire Council, the Scottish Court of Sessions maintained a stop-award order on a sheriff services tender. The court found that there was a significant issue to be tried regarding an evaluation site visit and that it was in the public interest to prevent a potentially improper award. It also determined that the complainant would suffer an adverse impact on its operations if the contract was unfairly awarded since it would have no other opportunity to bid for six years. On balance, the court found that the potentially adverse impact on the bidder was greater than the inconvenience of delaying the award for a few weeks until trial.
