Bromcom Computers Plc v Academies Enterprise Trust [2022] EWHC 2893 (TCC) (28 October 2022)

Bromcom Computers Plc v Academies Enterprise Trust [2022] EWHC 2893 (TCC) (28 October 2022)

The claimant, by its own verified pleading, put in issue its previous success in lawful procurements under the framework agreement, making the information sought by the defendant relevant to causation. The threshold for a Part 18 request was met, and the request was not a fishing expedition. The application for further information was granted in respect of specific questions relating to previous successful procurements.

Citation
[2022] EWHC 2893 (TCC)
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) in Procurement Proceedings / Interlocutory Application
Outcome
Application granted in part; permission to appeal refused.
Legal Topics
Part 18 Requests, Framework Agreements, Public Contracts Regulations 2015, Causation in Procurement Challenges, Amendment of Pleadings
Public Procurement Contract Law Civil Procedure Part 18 Requests Framework Agreements Public Contracts Regulations 2015 Causation in Procurement Challenges Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Bromcom Computers Plc

Claimant

Academies Enterprise Trust

Defendant

Procedural Posture

Application for Further Information (part 18) in Procurement Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the defendant is entitled to further information under Part 18 regarding previous successful bids by the claimant under the same framework agreement
  2. 2 Whether the information sought is relevant and necessary to a matter in dispute, specifically causation, in light of the claimant's pleadings
  3. 3 Whether the request constitutes a fishing expedition or is proportionate and necessary

Ratio Decidendi

The claimant, by its own verified pleading, put in issue its previous success in lawful procurements under the framework agreement, making the information sought by the defendant relevant to causation. The threshold for a Part 18 request was met, and the request was not a fishing expedition. The application for further information was granted in respect of specific questions relating to previous successful procurements.

Court Disposition

Application granted in part; permission to appeal refused.

Orders

  • Bromcom to provide further information in response to questions 1.1, 1.2, 1.3, 1.8, 1.9, 1.10, and 1.11 of the Part 18 request.
  • Application refused in respect of mop-up question 2.