Courts / Galway / Report

Marking firm seeks costs against State Examinations Commission

Date
2019-02-25

Stage
Hearing Or Decision

Primary locality
Galway

County
Galway

Summary

Galway-based KPW Business Forms Ltd, trading as KPW Print, is seeking its legal costs in a judicial review case against the State Examinations Commission (SEC). The company, which had previously operated an online marking pilot scheme for the Leaving Cert and Junior Cert, challenged the SEC's decision to award a €5m tender for an online marking system to a rival UK firm, RM Results. KPW alleged the award was flawed and claimed bias. However, a month after KPW secured permission to bring the action, the SEC withdrew the tender, rendering the proceedings moot. The SEC denied KPW's claims and any wrongdoing in correspondence. At the High Court, KPW's counsel, James Doherty SC, argued the company was entitled to costs because the tender was cancelled due to their action, noting no formal reason was given for the withdrawal. The SEC opposed the application, with counsel Eileen Barrington SC arguing for an order that both parties pay their own costs. Mr Justice Max Barrett reserved his decision on the costs application, stating he would rule in two weeks. The matter remains pending this decision.

Who, what, where, when and why

What: Report matter: Marking firm seeks costs against State Examinations Commission. Procedural stage: hearing_or_decision

When:

2014 and 2017 Other
2019-02-25 Publication

Why: James Doherty SC, for the company, said KPW is entitled to its legal costs on grounds including that the tender was cancelled because of the action taken by his client. CNI source report