Cleaver Fulton Rankin Acts on Judicial Review for RSUA

Cleaver Fulton Rankin’s Public & Administrative Law team has acted on behalf of the Royal Society of Ulster Architects (RSUA) in a significant Judicial Review which clarifies the legislative position on the recruitment of specific professional services organisations during public procurement exercises.

The ruling was decided following a Judicial Review brought by the Chartered Institute of Architectural Technologists (CIAT) against the Education Authority for Northern Ireland (EANI) who argued that EANI’s decision to prohibit Chartered Architectural Technologists from acting as lead consultant for a range construction contracts was irrational and unlawful as it contravened the Northern Ireland Public Procurement Policy (NIPPP).

Director, Brendan Martyn, and Senior Solicitor, Stephen Masterson, represented RSUA, who was granted leave to participate in the Judicial Review as a Notice Party.

In his dismissal of the review, Mr Justice Humphreys stated:

“Both on the evidence and as a matter of legal principle, I am satisfied that the respondent was entitled to impose the requirement that only architects could act as lead consultants.”

The decision in this case has considerable significance for the architectural industry across Northern Ireland as it has clarified that public authorities have the right to exclude certain parties from the procurement process if necessary for the relevant exercise.

Director, Brendan Martyn, comments:

“This was an important case for the RSUA and the architect’s profession and it required very complex legal technical arguments from both the Education Authority and the RSUA. Thankfully, the Judge was persuaded by the arguments forwarded by both the EANI and Mr Philip McEvoy BL and Cleaver Fulton Rankin on behalf of the RSUA and the outcome is therefore to be welcomed”.

For further information on Cleaver Fulton Rankin’s Public & Administrative legal services, visit our dedicated webpage.