Mears Ltd v Leeds City Council [2011] EWHC 40 (QB) (19 January 2011)

Source-derived case information.

Citation: [2011] EWHC 40
Parties: Claimant: Mears Limited; Defendant: Leeds City Council
Jurisdiction: England and Wales
Judgment Date: 19 January 2011
Procedural Posture: Public Procurement Dispute / Interlocutory Application for Disclosure and Limitation (time Bar) Determination
Outcome: Partial success for both parties; disclosure ordered with confidentiality safeguards; certain claims struck out as time-barred.
Legal Topics: Disclosure of Documents, Limitation Period, Confidentiality in Procurement, Evaluation Criteria Transparency

Public Procurement Administrative Law Disclosure of Documents Limitation Period Confidentiality in Procurement Evaluation Criteria Transparency

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2

Parties

Mears Limited

Claimant

Leeds City Council

Defendant

Procedural Posture

Public Procurement Dispute / Interlocutory Application for Disclosure and Limitation (time Bar) Determination

Legal Issues

1 Whether Leeds City Council must disclose 'model answers' used in tender evaluation to Mears Limited
2 Whether Mears Limited's claims regarding changes to pricing aspects and time to respond are time-barred under Regulation 47 of the Public Contracts Regulations 2006

Ratio Decidendi

The model answers used by Leeds City Council in evaluating tenders are relevant to the issues in dispute and must be disclosed to Mears Limited, subject to confidentiality safeguards. Claims by Mears regarding changes to pricing aspects and insufficient time to respond, arising from the 14 May 2010 letter, are time-barred as Mears had sufficient knowledge of the alleged breaches by 18 May 2010 and did not commence proceedings within the three-month limitation period under Regulation 47(7)(b).

Court Disposition

Partial success for both parties; disclosure ordered with confidentiality safeguards; certain claims struck out as time-barred.

Orders

Leeds City Council to disclose and give inspection of the model answers to Mears Limited within a confidentiality ring limited to named solicitors and counsel, with further safeguards for client access.
Claims in paragraphs 20(1) and 20(2) of the Particulars of Claim are struck out as time-barred.

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