Procurement in a Nutshell: Verity Healthcare Limited v Cambridgeshire County Council EWHC 2830 (TCC)

Case facts

This case centred around Cambridgeshire County Council’s £928m homecare procurement which has a term of up to 10 years.

The claimant, Verity, is a social care provider operating in the homecare services sector. Verity claimed the exercise breached the Procurement Act 2023 because the condition of participation required the supplier to hold a Care Quality Commission (CQC) rating of ‘Good’ or above.

Verity, who is registered with CQC but does not hold a ‘Good’ or above rating, contended that the condition was not proportionate and therefore was in breach of section 22 of the Procurement Act 2023. As such, Verity sought interim relief, calling for the court to determine its application immediately and without notice.

In response, the council issued an application to strike out the claim and/or summary judgement on the grounds that the claim was not commenced within the statutory 30-day limit outlined in section 106 PA 2023.

Verity argued that it had brought its claim in time because it did not become aware of the disputed condition until 19 July 2026. However, the council contended that Verity ought to have known about the condition when the tender notice was published on 15 July 2026, meaning its claim, issued on 17 August 2026 was out of time.

Judgement

The court held that the claim was out of time because the claimant had not commenced proceedings within 30 days of the date on which it first knew, or ought to have known, of the circumstances giving rise to its claim, as required by section 106 PA 2023. The court also found that there was no good reason to extend time under section 106(3).

Moving forward

This case highlights that the courts continue to adopt a strict approach regarding limitation periods under the Procurement Act 2023. It also reinforces the importance of acting promptly where there are any concerns about any aspect of a public procurement process.

For further information please contact Tim Care or Melanie Pears in our Public Sector team.