Amaryllis Ltd v HM Treasury No. 2

Amaryllis Ltd v HM Treasury No. 2

Many of the documents sought are relevant and proportionate for disclosure. The Defendant's internal documents are not protected by public interest immunity. Documents containing third party information may be disclosed with redactions and anonymisation to protect confidentiality, balancing the public interest in justice with commercial sensitivity. The Defendant's blanket assertion of PII was unjustified and procedurally defective.

Parties
Claimant: Amaryllis Limited; Defendant: HM Treasury (sued as OGCbuyingsolutions.com)
Jurisdiction
England and Wales
Judgment Date
02 July 2009
Procedural Posture
Civil / Interlocutory Application for Disclosure and Inspection of Documents
Outcome
Application for disclosure granted in part, with directions for redaction and anonymisation.
Legal Topics
Disclosure of Documents, Public Interest Immunity, Confidentiality, Proportionality, Relevance of Evidence
Public Procurement Civil Procedure Disclosure of Documents Public Interest Immunity Confidentiality Proportionality Relevance of Evidence

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Parties

Amaryllis Limited

Claimant

HM Treasury (sued as OGCbuyingsolutions.com)

Defendant

Procedural Posture

Civil / Interlocutory Application for Disclosure and Inspection of Documents

Legal Issues

  1. 1 Whether the documents sought by the Claimant are relevant and proportionate for disclosure under CPR 31.12
  2. 2 Whether public interest immunity or confidentiality protects the documents from disclosure
  3. 3 What redactions or substitutions are appropriate to balance fair trial rights and commercial confidentiality

Ratio Decidendi

Many of the documents sought are relevant and proportionate for disclosure. The Defendant's internal documents are not protected by public interest immunity. Documents containing third party information may be disclosed with redactions and anonymisation to protect confidentiality, balancing the public interest in justice with commercial sensitivity. The Defendant's blanket assertion of PII was unjustified and procedurally defective.

Court Disposition

Application for disclosure granted in part, with directions for redaction and anonymisation.

Orders

  • Defendant to disclose specified categories of documents, including PQQs of other suppliers, evaluation reports, and internal decision-making documents, with redactions and anonymisation as directed.
  • If further disputes arise as to redactions, they will be resolved at the pre-trial review with both redacted and unredacted versions provided.