Smart Metering: measuring Britain's challenge

In a recent judgment, the High Court decided that a contracting entity for the purposes of the public procurement rules was entitled to reject a tender for a framework agreement where part of the tender was submitted 26 minutes late.

The Court decided this was neither disproportionate nor was it unequal treatment or discrimination. The judgment gives important guidance on the application of tender rules, particularly timing and also considers the viability of proportionality arguments in procurement challenges.

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On 16 April, Starwood Hotels announced that it had brought a claim in the United States against two of its former employees and their new employer, Hilton Hotels.

Starwood accuses the former employees, and Hilton, of misappropriating and misusing Starwood’s confidential information. In particular, Starwood accuses Hilton of misappropriating information relating to Starwood’s W brand and using that information to obtain an unfair advantage in the launch of its Denizen luxury hotel brand, allowing it to launch Denizen in only nine months instead of the usual three to five years. Hilton has now suspended development of the Denizen brand pending resolution of the dispute.

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