Should councillors have standing to challenge a procurement decision of their authority? Nicholas Dobson traces the arguments on both sides
- Councillors had no standing to challenge a procurement decision of their authority since: (i) they could not establish that a competitive tendering exercise would produce a different outcome and; (ii) they were unable to establish any direct impact upon them which would arise from such an exercise.
For many people standing will mean only how they must endure their twice daily rail commute. But for lawyers the term (known in less demotic times as locus standi ) refers to the fact that to apply for judicial review, prospective claimants must satisfy the court that they have ‘sufficient interest in the matter to which the application relates’ (s 31(3) of the Senior Courts Act 1981).
So would local authority councillors wishing to challenge a procurement decision in their authority have standing? Surprisingly (in the view of many), no. Such was the decision of Dove J on 9 March 2017 in Wylde and others v Waverley B C [2017] EWHC 466 (Admin), [2017] All ER (D)
