The court considered that a notice must identify the actual breach and make reference to the regulations and a stated intention to commence proceedings. What mattered for limitation purposes was when the breach occurred. The court applied the test in Jobsin Co UK Plc t/a Internet Recruitment Solutions) v DoH (2001) EWCA Civ 1241 and found that the tenderer could only have been aware of the ground for bringing proceedings when it was told that its bid had been unsuccessful.