Reg.91 of the Public Contracts Regulations 2015 (PCR2015) determines that economic operators can enforce the duties owed to them under regs.89 and 90 through the Court and, in particular, reg.91(2) assigns competence for such proceedings to the High Court.
Reg.91(1) PCR2015 determines that breach of the duty owed in accordance with reg.89 or 90 is actionable by any economic operator which, in consequence, suffers, or risks suffering, loss or damage. This is not necessarily limited to those that actually participated in the tender procedure and other economic operators can claim if they believe that the breach of the PCR2015 prevented them from participating [see P Craig and M Trybus, "England and Wales", in R Noguellou & U Stelkens, Comparative law on public contracts (Brussels, Bruylant, 2010) 339, 360].