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Galway Bay fm newsroom - A Ballinasloe company is seeking its legal costs against the State Examinations Commission over a tender it lost out on involving the Leaving Cert and Junior Cert
KPW Print lost out on the tender to set up an online marking system for the 1.5m scripts generated each summer by the exams
Last April Ballinasloe based KPW Business Forms Ltd, trading as KPW Print brought judicial review proceedings challenging the State Examination Commission's decision to award a tender to a rival UK RM results firm for 5 million euro.
In its action, KPW which had operated an online marking pilot scheme for the SEC between 2014 and 2017, claimed the decision to award the UK company was flawed and should be quashed on grounds including alleged bias.
A month after KPW secured permission from a judge to bring its action the SEC decided to withdraw the tender, rending the proceedings moot.
In correspondence, the SEC had denied KPW's claims and denied any wrongdoing. At the High Court this week lawyers for KPW applied for the legal costs of bringing the proceedings against the SEC.
James Doherty SC for the company said KPW is entitled to its legal costs on grounds including that the tender was cancelled because of the action taken by his client.
No formal reason had been given by the SEC why it had decided to withdraw the tender, counsel added.
The application was opposed by the SEC. Its' counsel Eileen Barrington SC said the appropriate order was that there be no order for costs. That would mean that both sides pay their own legal costs.
Following the conclusion of submissions from counsel Mr Justice Max Barrett said he was reserving his decision. The Judge said he would rule on the costs application in two weeks time.
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