Atos Services UK Ltd v Secretary of State for Business, Energy, and Industrial Strategy & Anor [2022] EWHC 42 (TCC) (17 January 2022)

Atos Services UK Ltd v Secretary of State for Business, Energy, and Industrial Strategy & Anor [2022] EWHC 42 (TCC) (17 January 2022)

Expert evidence is permitted only to the extent necessary to explain technical terms, the context of the procurement, and the capacities and structures of the relevant computer systems. It is not permitted on the meaning or application of 'architectural equivalence' or on whether the Defendants' evaluation was manifestly erroneous, as these are matters for the court. The court granted permission for expert evidence on seven specific technical questions and refused permission for the remainder, which would have involved the expert opining on issues reserved for judicial determination.

Citation
[2022] EWHC 42 (TCC)
Parties
Claimant: ATOS Services UK Limited; First Defendant: The Secretary of State for Business, Energy, and Industrial Strategy; Second Defendant: The Meteorological Office
Jurisdiction
England and Wales
Judgment Date
17 January 2022
Procedural Posture
Procurement Challenge Under Public Contract Regulations 2015 / Application for Permission to Adduce Expert Evidence Prior to Trial
Outcome
Application granted in part and refused in part.
Legal Topics
Admissibility of Expert Evidence, Manifest Error in Procurement, Interpretation of Tender Requirements, Judicial Review Principles in Procurement, Transparency and Equal Treatment in Procurement
Public Procurement Administrative Law Civil Procedure Admissibility of Expert Evidence Manifest Error in Procurement Interpretation of Tender Requirements Judicial Review Principles in Procurement Transparency and Equal Treatment in Procurement

Case Brief

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Parties

ATOS Services UK Limited

Claimant

The Secretary of State for Business, Energy, and Industrial Strategy

First Defendant

The Meteorological Office

Second Defendant

Procedural Posture

Procurement Challenge Under Public Contract Regulations 2015 / Application for Permission to Adduce Expert Evidence Prior to Trial

Legal Issues

  1. 1 Whether expert evidence is admissible in procurement challenges alleging manifest error or breach of transparency/equal treatment obligations
  2. 2 Scope and limits of expert evidence in interpreting technical procurement requirements
  3. 3 Whether expert evidence can address the central issue of 'architectural equivalence' or only provide technical background

Ratio Decidendi

Expert evidence is permitted only to the extent necessary to explain technical terms, the context of the procurement, and the capacities and structures of the relevant computer systems. It is not permitted on the meaning or application of 'architectural equivalence' or on whether the Defendants' evaluation was manifestly erroneous, as these are matters for the court. The court granted permission for expert evidence on seven specific technical questions and refused permission for the remainder, which would have involved the expert opining on issues reserved for judicial determination.

Court Disposition

Application granted in part and refused in part.

Orders

  • Permission granted for expert evidence on questions 1, 2, 3, 4, 5, 8, and 11 as set out in the Annex to the judgment.
  • Permission refused for expert evidence on the remaining proposed questions.