Excelerate Technology Limited v West Midlands Ambulance Service NHS University Foundation Trust & Anor

Excelerate Technology Limited v West Midlands Ambulance Service NHS University Foundation Trust & Anor

Failure to issue a formal application notice identifying disclosure issues led to unnecessary delay, lack of focus, and avoidable costs, justifying a costs order against the claimant in favour of NHS England.

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
11 October 2024
Procedural Posture
Public Procurement Claim / Disclosure Guidance Hearing
Outcome
Guidance given on disclosure procedure; costs order made against claimant in favour of NHS England for hearing costs.
Legal Topics
Disclosure, Case Management, Costs
Civil Procedure Public Procurement Disclosure Case Management Costs

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. 1 Proper procedure for seeking court's assistance on disclosure issues in public procurement cases
  2. 2 Appropriate method for raising disclosure disputes under Part 31 CPR
  3. 3 Costs consequences of procedural failures in disclosure applications

Ratio Decidendi

Failure to issue a formal application notice identifying disclosure issues led to unnecessary delay, lack of focus, and avoidable costs, justifying a costs order against the claimant in favour of NHS England.

Court Disposition

Guidance given on disclosure procedure; costs order made against claimant in favour of NHS England for hearing costs.

Orders

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