The High Court refused an interlocutory injunction sought by Word Perfect Translation Services Limited in its judicial review challenge to the award of interpretation services contracts by the Commissioner of An Garda Síochána.
The company alleged that the Commissioner had made unlawful direct awards since a previous framework agreement expired in 2013. It asked the court to stop the Commissioner procuring services under that expired framework and to require interim procurement through a Department of Justice and Equality framework agreement.
The Commissioner said services had been provided on an ad hoc basis when necessary, including where there was urgency or other interpreters or translators were unavailable. The judgment records a dispute over whether the relief fell within the procurement remedies regulations. The court did not decide that dispute or the underlying procurement challenge at this stage.
Mr Justice Brian McGovern applied the usual principles for interlocutory relief, known as the Campus Oil principles. He distinguished the case from OCS v Dublin Airport Authority, which concerned a challenge to a contract award before it became operative and triggered an automatic suspension.
The judge said the requested orders were in the nature of a final remedy or mandatory injunction, and the company had not met the test for that relief. The Department framework it wanted to use had expired on 5 June 2015, before the application was heard. The company had been aware of the alleged illegality since January 2013, and the court found it had delayed in bringing the application.
The judge also said it was unclear what the requested order would achieve. In his view, the status quo was best maintained by refusing interim relief. The company was still receiving some work from the Commissioner, although less than before, and damages could provide an adequate remedy if it later proved loss.
The court said the company may have established an arguable case, but had not met the other Campus Oil tests. It refused the interlocutory injunction. The judicial review and the disputed procurement issues were not determined by this ruling.