Excelerate Technology Ltd v West Midlands Ambulance Service NHS University Foundation Trust & Anor (Re Disclosure Issues) [2024] EWHC 177 (TCC) (01 February 2024)

Failure to issue an application notice led to unnecessary delay, lack of focus, and avoidable costs; parties must issue application notices clearly identifying disclosure issues for guidance or directions.

Citation: [2024] EWHC 177 (TCC)
Parties: Claimant: Excelerate Technology Limited; First Defendant: West Midlands Ambulance Service NHS University Foundation Trust; Second Defendant: NHS England
Jurisdiction: England and Wales
Judgment Date: 01 February 2024
Procedural Posture: Public Procurement Claim / Disclosure Guidance Hearing
Outcome: Guidance given on disclosure procedure; costs order made.
Legal Topics: Disclosure, Costs, Case Management

Civil Procedure Public Procurement Disclosure Costs Case Management

Case Brief

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Parties

Excelerate Technology Limited

Claimant

West Midlands Ambulance Service NHS University Foundation Trust

First Defendant

NHS England

Second Defendant

Procedural Posture

Public Procurement Claim / Disclosure Guidance Hearing

Legal Issues

1 Proper procedure for seeking court's assistance on disclosure issues
2 Costs allocation for disclosure guidance hearings

Ratio Decidendi

Court Disposition

Guidance given on disclosure procedure; costs order made.

Orders

Costs of hearing between Excelerate and West Midlands Ambulance Service to be in the case.
Excelerate to pay NHS England's costs of the hearing.