Bromcom Computers Plc v Academies Enterprise Trust

Bromcom Computers Plc v Academies Enterprise Trust

The threshold test for a Part 18 request is passed because Bromcom itself put previous successful procurements in issue in its Reply, making the information relevant to causation. The requests are reasonably necessary and proportionate for AET to prepare its case. The application is granted in respect of specific questions under request number 1.

Parties
Claimant: Bromcom Computers Plc; Defendant: Academies Enterprise Trust
Jurisdiction
England and Wales
Judgment Date
28 October 2022
Procedural Posture
Application for Further Information (part 18) / Ruling on Part 18 Application
Outcome
Application granted in part, refused in part
Legal Topics
Framework Agreements, Call Off Procedures, Public Contracts Regulations, Causation, Estoppel
Public Procurement Contract Law Framework Agreements Call Off Procedures Public Contracts Regulations Causation Estoppel

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Parties

Bromcom Computers Plc

Claimant

Academies Enterprise Trust

Defendant

Procedural Posture

Application for Further Information (part 18) / Ruling on Part 18 Application

Legal Issues

  1. 1 Whether the defendant is entitled to further information under Part 18 regarding previous successful procurements by the claimant
  2. 2 Whether the information sought is relevant to matters in dispute, specifically causation
  3. 3 Whether the requests are proportionate and necessary under the Practice Direction to Part 18

Ratio Decidendi

The threshold test for a Part 18 request is passed because Bromcom itself put previous successful procurements in issue in its Reply, making the information relevant to causation. The requests are reasonably necessary and proportionate for AET to prepare its case. The application is granted in respect of specific questions under request number 1.

Court Disposition

Application granted in part, refused in part

Orders

  • Application for further information under Part 18 granted in respect of questions 1.1, 1.2, 1.3, 1.8, 1.9, 1.10, and 1.11
  • Application refused in respect of mop-up question number 2