First-tier Tribunal Grants Dispensation for Fire Safety Works
📌 In brief
The First-tier Tribunal granted permission to bypass the usual consultation process for urgent a person a person works, ensuring the a person of the properties and their a person.
⚖️ Legal holding
The First-tier Tribunal may dispense with the consultation requirements under section 20ZA of the 1985 Act if it is reasonable to do so, considering factors such as urgency and health and safety concerns.
📖 What the law says
The appropriate tribunal can grant a request to waive consultation requirements for certain works or long-term agreements if it finds it reasonable to do so.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The tribunal granted dispensation from consultation requirements for fire safety upgrades due to urgent health and safety concerns, bypassing full consultation.
📜 Headnote Official document
The Tribunal granted dispensation from consultation requirements for fire safety works under section 20ZA of the Landlord and Tenant Act 1985, citing urgency and health and safety concerns.
📚 Full judgment Official document
OUTCOME: Allowed
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Case Reference : BIR/00CT/LDC/2020/0011
Properties : Properties at Waters Edge, [APPELLANT] [NAME], Shirley, Solihull [POSTCODE]
Properties at [ADDRESS], [APPELLANT] [NAME], Shirley, Solihull [POSTCODE]
Applicant: [redacted]
Respondents : [redacted] The long [NAME] of the [ADDRESS] of Application : An application under section 20ZA of the [NAME] 1985 for dispensation of the consultation requirements in respect of qualifying works.
Tribunal Members : Judge [NAME] [NAME] [NAME] [NAME], Dip Surv, FRICS, [NAME], MEWI
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
The Tribunal grants dispensation from the consultation requirements of section 20 [NAME] 1985 in respect of [NAME] to upgrade [NAME] alarm systems and remedy defective [NAME] stopping.
In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are payable or reasonable.
Reasons for decision
Introduction
1. By application dated 17th September 2020, the Applicant seeks dispensation under section 20ZA of the [NAME] 1985 (‘the 1985 Act’) of the consultation requirements provided for by section 20 of the same Act.
2. The application relates to the need to upgrade [NAME] alarm systems and remedy defective [NAME] stopping at the [COMPANY] (‘[NAME]’).
3. Directions were made on 21st September 2020. Direction 6 required any [NAME] who objected to the application to submit a statement to the Tribunal and the Applicant stating the reason and justification for the objection.
4. The [NAME] objected to the application.
5. The only issue for determination is whether we should dispense with the statutory consultation requirements. This decision does not concern the issue of whether any service charge costs will be payable or reasonable. Indeed, there are separate, on- going service charge applications currently stayed: BIR/OOCT/LSC/2020/0003; BIR/OOCT/LIS/2020/0007; BIR/00CT/LIS/2020/0010.
6. References to page numbers in this Decision relate to the pages of the Applicant’s bundle.
Background
7. Waters Edge is a purpose-built block of 25 residential apartments. [ADDRESS] is a purpose-built block of 45 residential apartments.
8. The apartments within the [APPELLANT] are the subject of leases between [APPELLANT] [COMPANY] (1), [APPELLANT] (2) and the Respondents. The leases are for a term of 999 years from 1 January 2003. We have been provided with a copy of the template Lease.
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Proposed Works
9. The Applicant proposes to carry out the following qualifying works to both Waters Edge and [ADDRESS] as more particularly described in the Scope of Works attached in the Applicant’s bundle (pages 8 to 15):
a) Installation of an automatic [NAME] detection and alarm system in each [NAME] as specified in NFCC guidance ‘Guidance to support a temporary change to a simultaneous evacuation strategy in purpose built blocks of flats’ (pages 16-33), in order for the Applicant to implement a permanent simultaneous evacuation strategy (which is considered acceptable as the stair cases in both buildings are landlocked and only open onto the [NAME] elevations at the entrance doors at ground level); and
b) [NAME] stopping works as recommended in the ‘[NAME] Protection Survey’ report dated November 2019 (pages 34 to 64) prepared by the Applicant’s [NAME] [NAME] in relation to each [NAME] together with a copy of [NAME]’s ‘[NAME] Report’ of the same date (pages 65 to 87).
10. The Applicant says that it is necessary to carry out [NAME] because investigations by [NAME] have shown that [NAME] stopping in the [COMPANY] is generally poorly installed or missing in some instances. The investigations indicate there is potential for excessive [NAME] spread via the cavities in the [NAME] wall system. This poses a serious risk to the health and [NAME] of [NAME] and other [NAME] of the [COMPANY], and to the [COMPANY] themselves. It is also a requirement of the [COMPANY] insurance that steps are taken to remedy the defects.
Procurement Process
11. The Applicant has, through its [NAME] [NAME] [APPELLANT], carried out a procurement exercise in respect of [NAME] to be carried out. Details of the procurement process that was undertaken are set out in detail in annex A of a letter dated 10th of August, 2020 to the [NAME] of the [COMPANY] (pages 5 to 6). Annex B of the letter (pages 7 to 15) sets out [COMPANY] priced response to an Employer’s Requirements Document prepared by [NAME] and [NAME].
12. The Applicant intended to carry out the proposed Works and to engage [COMPANY] as the main contractor, subject to any observations received by the [NAME] following a truncated consultation process. The estimated total cost of [NAME] is £230,000 exclusive of VAT. The breakdown of the costs is set out in the Scope of Works (pages 7 to 15).
Consultation
13. By letter dated 10th of August, 2020, sent to all [NAME], the Applicant carried out a truncated consultation exercise (pages 1-15). The letter sets out:
i) the proposed Works; ii) the reason for the proposed Works; iii) the timescale for the proposed Works;
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iv) the procurement exercise undertaken including the identity of the Applicant’s selected contractor and how they have been selected; and v) the estimated cost of [NAME].
14. The letter invites the [NAME] to make observations on the proposed Works, proposed expenditure and proposed contractor selected and to provide the Applicant with the name of any of person from whom the Applicant should try to obtain an estimate for the carrying out of the proposed Works.
15. The letter invites observations to be made to the Applicant in writing within the consultation period of 30 days ending on the 15th of September 2020 following which the Applicant would consider the observations and take any relevant further steps. The Applicant would then arrange for [NAME] to commence as soon as possible, the aim being by 1st of October, 2020.
16. As at the 17th of September 2020, the consultation period had ended and only one written response, dated 9th September 2020, had been received (page 88).The response primarily concerns the [NAME]’ contribution to the cost of [NAME], the possibility of recovering costs from the original contractor and the impact on [NAME] of the proposed sale of the freehold, rather than the proposed Works or costs themselves.
17. We are told that since the application, the Applicant has appointed [APPELLANT] and preliminary works commenced at the end of September 2020 in order that [NAME] can be completed before the 31st of December 2020.
Hearing/Inspection
18. The Applicant’s Statement of Case contained two reports both of which included photos of the exterior and interior of the [RESPONDENT]. The Respondent had not disputed the photographic evidence. In light of the current Public Health Epidemic, having had regard to the reports and the photographic evidence, we were satisfied that we could determine the matter without an inspection.
19. Neither party requested a hearing and we determined the matters on the papers.
The Law
20. In accordance with section 20ZA (1) of the 1985 Act, the Tribunal may dispense with the consultation requirements ‘if it is satisfied it is reasonable’ to do so.
21. The proper approach to the Tribunal’s dispensation power was considered by the Supreme Court in [COMPANY] v [NAME] [2013] 1 WLR 854. In summary, the Supreme Court noted the following:
i. Prejudice to the tenants from the landlord’s breach of the requirements is the main, and normally the sole question for the Tribunal in considering how to exercise its discretion under section 20 ZA (1).
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ii. The financial consequences to the landlord of not granting the dispensation is not a relevant factor. The nature of the landlord is not a relevant factor.
iii. Dispensation should not be refused solely because the landlord seriously breached, or departed from, the consultation requirements.
iv. The legal burden of proof in relation to dispensation applications is on the landlord. The factual burden of identifying some ‘relevant prejudice’ that they would or might have suffered is on the tenant. It is not appropriate to infer prejudice from a serious failure to consult.
v. The court considered that ‘relevant’ prejudice should be given a narrow definition: it means whether non-compliance with the consultation requirements has led the landlord to incur costs in an unreasonable amount or to incur them in the provision of services, or in the carrying out of works, which fell below a reasonable standard, in other words whether the non-compliance has in that sense caused prejudice to the tenant.
vi. Once the tenants have shown a credible case for prejudice, the Tribunal should look to the landlord to rebut it.
vii. Compliance with the requirements is not an end in itself. Dispensation should not be refused solely because the landlord departs from the requirements (even seriously). The more serious and/or deliberate the landlords’ failure, the more readily a Tribunal would be likely to accept that the tenants had suffered prejudice.
viii. In a case where the extent, quality and cost of [NAME] were in no way affected by the landlord’s failure to comply with the requirements, the dispensation should be granted in the absence of some very good reason.
ix. The Tribunal can grant a dispensation on such terms as it thinks fit provided that they are appropriate in their nature and effect.
x. The Tribunal has power to impose a condition that the landlord pays the tenants’ reasonable costs (including surveyor and/or legal fees) incurred in connection with the landlord application under section 20 ZA (1).
Submissions
The Applicant
22. [NAME] are required for health and [NAME] purposes to ensure the [NAME] of the [COMPANY] and their occupants. [NAME] are expected take to take at least three months to complete and there is insufficient time for the Applicant to carry out the full section 20 compliant consultation exercise and complete [NAME] ahead of the [COMPANY] insurance renewal date in December 2020.
23. At the last insurance renewal date in December 2019, the [NAME] terms were subject to a condition that ‘these matters [were] being addressed and in a timely manner’. The insurer required the Applicant to provide an update on what progress had been
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made within 60 days of the renewal date. Due to funding issues, the [NAME] remedial works had not been carried out and, as a result, the Applicant submits that there is a risk that the insurance renewal in December 2020 may be affected.
24. The insurance [NAME] has advised that for a variety of reasons, including cladding issues following Grenfell, extreme weather and the Covid 19 pandemic, many [NAME] are reducing their capacity and pulling out of the market altogether. Consequently, the Applicant’s [NAME] is seeing [NAME] decline renewals and/or new business terms only provide a percentage of the underwriting capacity, high premium increases and/or co-insurance clauses.
25. The [NAME] has advised that if [NAME] are not progressed before the date of the next insurance renewal on 31st of December, 2020, the Applicant may not be able to obtain the required insurance cover for the [COMPANY], or that the cost of securing the necessary cover (which will be passed on to the [NAME] under the service charge clause) will be substantial.
26. Further, until the [NAME] alarm upgrade works are completed there must be an ongoing ‘waking watch’ at the [COMPANY] to assist the evacuation of the occupants in the event of a [NAME], at an ongoing cost of around £25,000 plus VAT per month. This is a significant on-going cost to the management company and/or the [NAME] through the service charge. The Applicant submits that it is therefore in the interests of all parties that the ‘waking watch’ is brought to an end as soon as it is safe to do so.
27. The truncated consultation exercise has given the [NAME] sufficient information and time to make observations on the proposed Works, proposed expenditure and proposed contractor selected and for the Applicant to take those observations into account before any agreement for [NAME] was entered into.
28. The Applicant submits that the steps taken in (1) taking expert advice from an [NAME] [NAME] [NAME] consultant on works required, (2) obtaining input on the proposed Works from the [NAME] and (3) procuring a contractor for [NAME] via a [NAME] [NAME] agent are sufficient to ensure that [NAME] deliver value for money for the [NAME]. The Applicant submits that the [NAME] will suffer no financial prejudice as a result of the truncated consultation process. Further, it submits that the [NAME] would still be able to dispute the costs of [NAME] under section 19 of the [NAME] 1985.
29. The Applicant submits that there is a real risk that the [APPELLANT] will be uninsurable or only insurable at a substantial cost if [NAME] are not completed before the end of 2020. If this were to happen, the Applicant submits this would have severe ramifications for the [NAME]’ including (i) if the [COMPANY] were uninsurable the [NAME] may be in breach of their residential mortgage conditions (insofar as the parties are mortgaged), and/ or (ii) their [COMPANY] would be unsaleable.
30. Further, until [NAME] are completed, a waking watch at a cost of £25,000 plus VAT is being incurred by the management company and/or [NAME]. The Applicant submits that the truncated consultation process was therefore in the [NAME]’ financial interests
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The Respondent
31. In the letter of objection, the Respondent submits that:
i. The level of charges being passed to the [NAME] does not reflect the cost of works and services being carried out now or planned in the future; ii. Service Charges have previously been levied for the costs of work not actually carried out; iii. Granting a Dispensation removes the right of [NAME] to pre-approve costs from [NAME] and at standard industry prices for services and works; iv. [NAME] will be financially prejudiced if they are charged for major works that have not been through proper consultation; v. The current charge of £25,000 per month for the waking watch does not reflect the minimal staff resources employed; vi. Lack of clarity of the calculation of service charges by [NAME] in [NAME] service charge years.
Deliberations
32. We are satisfied that it is reasonable to dispense any outstanding consultation requirements in the circumstances of the present case, for the following reasons:
i. [NAME] relate to [NAME] prevention measures and are required for health and [NAME] purposes to ensure the [NAME] of the [COMPANY], their [NAME] and [NAME].
ii. If [NAME] are not carried out urgently and before the 31st December 2020, there is a high risk that the [COMPANY] will become uninsurable or that the cost of insurance will be significant.
iii. Pending the completion of Works relating to an automatic [NAME] detection system, it is necessary to have a 24- hour waking watch which incurs a substantial cost each month.
iv. The Respondent has not identified how the the truncated consultation process has prevented him from objecting to [NAME] or identifying an alternative contractor. [NAME] were given 30 days to respond. There is limited evidence that the Respondent was unable to or was prevented from responding to the consultation exercise, although truncated. [NAME] did respond but did not address the scope of [NAME], the estimate or the proposed contractor. The Respondent has not submitted any evidence of any proposed alternatives to [NAME], the estimates or the proposed contractor.
v. The majority of submission relates to matters that ought more properly to be considered under an application under section 27A of the 1985 Act to determine whether a relevant contribution to the cost of [NAME] is payable at all and/or whether a relevant contribution is reasonable. The Respondent has not identified any prejudice that they have or might suffer due to the truncated consultation process and the failure to comply with the statutory consultation time period.
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vi. We do not consider that the Respondent is prejudiced or will suffer any loss of opportunity as a result of the dispensation of the statutory consultation requirements.
Determination
33. The Tribunal therefore determines that, to the extent that the statutory consultation requirements were not complied with, the consultation requirements are dispensed with in relation to [NAME].
34. In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are payable or reasonable.
Appeal
35. If [NAME] is dissatisfied with this decision, they may apply to this Tribunal for permission to appeal to the Upper Tribunal ([NAME]). Any such application must be received within 28 days after these written reasons have been sent to the parties and must state the grounds on which they intend to rely in the appeal.
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Tribunal Members : Judge [NAME] [NAME] Regional Surveyor Mr [NAME] W [NAME], Dip Surv, FRICS, [NAME], MEWI
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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24. The insurance [NAME] has advised that for a variety of reasons, including cladding issues following [NAME], extreme weather and the Covid 19 pandemic, many [NAME] are reducing their capacity and pulling out of the market altogether. Consequently, the Applicant’s [NAME] is seeing [NAME] decline renewals and/or new business terms only provide a percentage of the underwriting capacity, high premium increases and/or co-insurance clauses.
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
8. The apartments within the Properties are the subject of leases between [APPELLANT] [COMPANY] (1), [APPELLANT] (2) and the Respondents. The leases are for a term of 999 years from 1 January 2003. We have been provided with a copy of the template Lease.
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Proposed Works
Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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29. The Applicant submits that there is a real risk that the [APPELLANT] will be uninsurable or only insurable at a substantial cost if [NAME] are not completed before the end of 2020. If this were to happen, the Applicant submits this would have severe ramifications for the [NAME]’ including (i) if the [COMPANY] were uninsurable the [NAME] may be in breach of their residential mortgage conditions (insofar as the parties are mortgaged), and/ or (ii) their Properties would be unsaleable.
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Tribunal Members : Judge [NAME] [NAME] Regional Surveyor Mr [NAME] [NAME], Dip Surv, FRICS, [NAME], MEWI
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
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Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Law
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The Applicant
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
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Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Applicant
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Applicant
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Applicant
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Applicant
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
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The Law
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The Applicant
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
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The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
Consultation
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The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
Consultation
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The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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The Respondent
Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Applicant
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Deliberations
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Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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The Applicant
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
Page 6 of 8
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
Page 6 of 8
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Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
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Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
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The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
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Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
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Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
Page 1 of 8
Case Reference : BIR/00CT/LDC/2020/0011
Applicant: [redacted]
Date of Paper : 17th November 2020 determination
Date of Decision : 24th November 2020
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])
Page 2 of 8
Decision
Reasons for decision
Introduction
4. The [NAME] objected to the application.
Background
Page 3 of 8
Proposed Works
Procurement Process
Consultation
Page 4 of 8
Hearing/Inspection
The Law
Page 5 of 8
Submissions
The Applicant
Page 6 of 8
Page 7 of 8
The Respondent
Deliberations
Page 8 of 8
Determination
Appeal
Judge [NAME] 24th November 2020
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Fire Safety Works
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Fire Safety Works
- First-tier Tribunal (Property Chamber) Fire Alarm Upgrade Dispensation Granted Without Tenant Consultation
- First-tier Tribunal (Property Chamber) Tribunal Grants Fire Safety Work Dispensation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Urgent Fire Safety Works Dispensation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Urgent Fire Alarm System Replacement Dispensatio…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Fire Safety Works
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Fire Alarm Installation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Fire Alarm Installation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Fire Alarm Installation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Fire Safety Work Dispensation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Fire Alarm Installation
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The works are necessary for health and safety to protect the building and its occupants.
- There was not enough time to complete the full consultation process before the building's insurance renewal date.
- Failure to progress the works could lead to difficulty in obtaining necessary insurance cover or substantially increased costs.
- An ongoing "waking watch" is very expensive, costing about £25,000 plus VAT per month, and should end as soon as possible.
- The tenants did not show that they would suffer any specific harm from the lack of consultation.
❌ Tends to be rejected
- Dispensation should not be refused simply because the landlord seriously failed to follow consultation requirements.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It allowed the applicant to bypass the usual consultation process for fire safety works.
Who was involved?
The applicant sought permission to bypass the consultation process, while the respondents opposed the application.
How did the court decide, and why?
The court decided to grant dispensation because the works were urgent and necessary for health and safety reasons.
Which laws or rules were applied?
Section 20ZA of the Landlord and Tenant Act 1985 was applied.
What was the argument that mattered most?
The argument that the works were urgent and necessary for health and safety reasons was crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may also seek dispensation from consultation requirements if the works are urgent and necessary for health and safety.
What evidence or documents mattered?
Evidence showing the urgency and necessity of the works for health and safety was important.
Can a decision like this be appealed?
Yes, either party may apply to the Upper Tribunal for permission to appeal.
Is it worth getting a solicitor for a case like this?
It is always advisable to seek legal advice from a qualified solicitor for such cases.