Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust

Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust

The claimant is entitled to specific disclosure of instructions to the evaluation team, contemporaneous records of the evaluation process (limited to financial matters), and any independent audit documents, as these are fundamental to understanding the evaluation and are not outweighed by confidentiality concerns. 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 concerning building works, as these are necessary to assess potential breaches of procurement rules and would be disclosable in any subsequent litigation.

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 / Application for Specific and Pre Action Disclosure
Outcome
Application for specific and pre-action disclosure allowed in part; costs awarded to claimant subject to reduction.
Legal Topics
Specific Disclosure, Pre Action Disclosure, Tender Evaluation, Confidentiality Ring, Interim Contract
Public Procurement Civil Procedure Specific Disclosure Pre Action Disclosure Tender Evaluation Confidentiality Ring Interim Contract

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Parties

Roche Diagnostics Limited

Claimant/applicant

The Mid Yorkshire Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Public Procurement Dispute / Application for Specific and Pre Action Disclosure

Legal Issues

  1. 1 Whether the claimant is entitled to specific disclosure of documents relating to the tender evaluation process for a managed service contract (MSC)
  2. 2 Whether the claimant is entitled to pre-action disclosure of documents relating to an interim contract awarded to Abbott Diagnostics Ltd
  3. 3 Whether the defendant's evaluation process was fair and in accordance with the Invitation to Tender (ITT)

Ratio Decidendi

The claimant is entitled to specific disclosure of instructions to the evaluation team, contemporaneous records of the evaluation process (limited to financial matters), and any independent audit documents, as these are fundamental to understanding the evaluation and are not outweighed by confidentiality concerns. 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 concerning building works, as these are necessary to assess potential breaches of procurement rules and would be disclosable in any subsequent litigation.

Court Disposition

Application for specific and pre-action disclosure allowed in part; costs awarded to claimant subject to reduction.

Orders

  • Specific disclosure of instructions to the evaluation team (item 5), contemporaneous records of the evaluation process limited to financial matters (item 4), and independent audit documents (item 2).
  • Pre-action disclosure of documents relating to the invitation to tender (item 10), the contract with Abbott (item 12), and documents concerning building works (item 15).