public procurement CASES

Lady justice with law books

Blackpool and Fylde Aero Club Ltd. v Blackpool Borough Council [1990] EWCA Civ 13 (25 May 1990)

The Club submitted a tender for an airport concession before the deadline, but due to the Council's failure to empty the letterbox, it was wrongly recorded as late and excluded from consideration. The Court of Appeal held that the Council's invitation to tender created an implied contractual obligation to consider all conforming tenders received by the deadline. Facts Blackpool Borough Council owned and managed Blackpool Airport and periodically granted concessions to operate pleasure flights. In 1983, the Council issued an invitation to tender for a new three-year concession to selected parties, including the Blackpool and Fylde Aero Club Ltd, which