Courts / Galway / Report

Firm that lost out on exam-marking tender gets costs of action against SEC

Date
2019-03-05

Stage
Hearing Or Decision

Primary locality
Galway

County
Galway

Summary

The High Court has ruled that Galway-based KPW Business Forms Ltd, trading as KPW Print, is entitled to its legal costs in a judicial review action brought against the State Examinations Commission (SEC). Mr Justice Max Barrett held that the applicant, which had previously operated an online marking pilot scheme for the SEC, was entitled to costs estimated in the five figures. The case concerned the SEC's decision to award a €5m tender for an online marking system for Leaving and Junior Certificate exam scripts to a rival UK firm, RM Results. KPW Business Forms Ltd challenged this decision, alleging flaws and bias, while the SEC denied any wrongdoing. The proceedings became moot when the SEC withdrew the tender the month after the action was filed. The judge determined that the SEC's unilateral decision to withdraw the contract rendered the proceedings moot, rather than an external factor outside the parties' control. He noted that the SEC could have arrived at an alternative decision or engaged with the court within the tendering process. Consequently, the court rejected the SEC's argument that each side should bear its own costs and ordered the SEC to pay the applicant's legal costs.