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to "take the measures necessary to ensure that, as regards contract award procedures ..., decisions taken by the contracting authorities may be reviewed effectively and, in particular, as rapidly as possible", but precise wording, such as "within three months" but without the "promptly, and" aspect,
113:'s procurement decisions (in situations where the Public Contracts Regulations applied) to bring proceedings "promptly, and in any event within three months from the date when bringing the proceedings first arose. However, in 2010 in a legal case raised between Uniplex (UK) Ltd. and the
35:. Legislation or judicial rules may require actions to be taken promptly or within a specified timescale, or may provide for actions not taken promptly or within a specified timescale to be ineffective or less effective than actions taken promptly.
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on 8 September 2010 to make Irish practice on public procurement challenges consistent with EU law. The rule requires that actions be brought within 30 calendar days of when the claimant "knew or ought to have known" of the alleged
247:
Council
Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works
102:(1996), it was held that "It is not correct to proceed on the basis that applicants have three months in which to seek judicial review", because they are also required to act "with the utmost promptitude".
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Directive on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts
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not presented to the bank within six months from the date on which it was drawn could not be enforced if the account against which it was drawn did not have sufficient funds.
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was necessary to ensure sufficient certainty and predictability. Amendments to the UK procurement law taking account of the court ruling were implemented in
October 2011.
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The
Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, which amended the
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94:"promptly, and in any event not later than 3 months after the grounds to make the claim first arose". In
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229:, R. v Independent Television Commission ex parte TV Northern Ireland Ltd., JR 60 TLR 606, quoted in
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187:, Chapter 2, inserting Chapter XVI into the Negotiable Instruments Act, 1881, accessed 11 August 2023
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Procurement policy note 06/11: amendments to the procurement regulations, including 'Uniplex'
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Banking, Public
Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988
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declared that the word "promptly" was not sufficiently clear and precise to comply with
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Hardy v
Pembrokeshire County Council and Pembrokeshire Coast National Park Authority
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of the lawfulness of legislation or of a public decision or action must be
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Civil
Procedure (Amendment No. 4) Rules 2000, Part 54: Judicial Review
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refers to a duty or intention to act without delay. Its opposite is
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233:, paragraph 10, delivered 17 March 2006, accessed 5 December 2023
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review legislation required bidders wishing to challenge a
204:, published 6 January 2011, accessed 19 March 2023
174:, published 17 May 2010, accessed 2 December 2023
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129:(Directive 89/665/EEC, then in force) required
281:Delay after Uniplex: will promptitude survive?
198:Order 84A of the Rules of the Superior Courts
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98:Independent Television Commission
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279:Francis Taylor Building,
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119:European Court of Justice
125:. Article 1 of the EU's
105:When first implemented,
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172:Law Society of Scotland
123:European Union (EU) law
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139:See also
39:Examples
243:EUR-Lex
62:Ireland
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