Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust [2013] EWHC 933 (TCC) (19 April 2013)

Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust [2013] EWHC 933 (TCC) (19 April 2013)

The claimant, as an unsuccessful bidder, is entitled to specific disclosure of contemporaneous documents evidencing the financial evaluation process, instructions to the evaluation team, and any independent audit, as these are fundamental to assessing the fairness and legality of the procurement. The claimant is also entitled to pre-action disclosure of documents relating to the invitation to tender and contract with Abbott for the interim contract at Dewsbury, and documents relating to building works, as these are necessary to determine whether there has been a breach of procurement rules.

Citation
[2013] EWHC 933 (TCC)
Parties
Claimant/applicant: Roche Diagnostics Limited; Defendant/respondent: The Mid Yorkshire Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
19 April 2013
Procedural Posture
Public Procurement Dispute (applications for Specific and Pre Action Disclosure) / Interlocutory Application for Specific Disclosure and Pre Action Disclosure
Outcome
Applications for specific and pre-action disclosure allowed in part.
Legal Topics
Specific Disclosure, Pre Action Disclosure, Tender Evaluation, Confidentiality Ring, Public Contracts Regulations 2006
Public Procurement Civil Procedure Specific Disclosure Pre Action Disclosure Tender Evaluation Confidentiality Ring Public Contracts Regulations 2006

Case Brief

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Parties

Roche Diagnostics Limited

Claimant/applicant

The Mid Yorkshire Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Public Procurement Dispute (applications for Specific and Pre Action Disclosure) / Interlocutory Application for Specific Disclosure and Pre Action Disclosure

Legal Issues

  1. 1 Whether the claimant is entitled to specific disclosure of documents relating to the evaluation of its tender and that of the successful bidder
  2. 2 Whether the claimant is entitled to pre-action disclosure of documents relating to an interim contract awarded to Abbott

Ratio Decidendi

The claimant, as an unsuccessful bidder, is entitled to specific disclosure of contemporaneous documents evidencing the financial evaluation process, instructions to the evaluation team, and any independent audit, as these are fundamental to assessing the fairness and legality of the procurement. The claimant is also entitled to pre-action disclosure of documents relating to the invitation to tender and contract with Abbott for the interim contract at Dewsbury, and documents relating to building works, as these are necessary to determine whether there has been a breach of procurement rules.

Court Disposition

Applications for specific and pre-action disclosure allowed in part.

Orders

  • Defendant to provide specific disclosure of instructions to the evaluation team (item 5), contemporaneous financial evaluation documents (item 4), and any independent audit (item 2), all limited to financial matters.
  • Defendant to provide pre-action disclosure of documents relating to the invitation to tender for the interim contract (item 10), the contract with Abbott (item 12), and documents relating to building works (item 15).