Early disclosure of evaluation documents in public procurement dispute
In Roche Diagnostics Ltd v Mid Yorkshire Hospitals NHS Trust  EWHC 933 (TCC), an unsuccessful tenderer was entitled to both specific and pre-action disclosure in a public procurement dispute in relation to two related contracts. Coulson J provides important guidance on how the courts will approach early applications for disclosure in public procurement disputes.
The claimant, Roche Diagnostics Ltd, and the defendant, the Mid Yorkshire Hospitals NHS Trust, were involved in a public procurement dispute in relation to the letting of a managed service contract (MSC) for the provision of laboratory services at three hospitals.
After discovering that it had been unsuccessful in its bid for the MSC, the claimant asked for information relating to the evaluation process. The defendant sent through a number of spreadsheets. The documents were ‘secondary’ because they had been created after the evaluation process as a means of explaining how it had been carried out. The spreadsheets were inconsistent and contained manifest errors. Consequently, the claimant lost confidence in the evaluation process carried out by the defendant and commenced litigation proceedings…
If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.
News from Allen & Overy
News from The Lawyer
Briefings from Allen & Overy
Extension of the sanctions relief provided for in the Joint Plan of Action between the P5+1 and the Islamic Republic of Iran
On 18 July 2014, the P5+1 (the US, the UK, Germany, France, Russia and China) agreed with Iran to extend their commitments under the Joint Plan of Action.
This year is expected to be a bumper year for pension risk transfer in the UK.
Analysis from The Lawyer
At the time of its launch Accutrainee was described as a revolutionary change to the training model. Has it proved to be so? Not really.
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.