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

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

The model answers are relevant to the issues in dispute and necessary for fair disposal of the proceedings, and should be disclosed to Mears' legal representatives within a confidentiality ring. The claims in paragraphs 20(1) and 20(2) of the Particulars of Claim are time-barred because Mears had sufficient knowledge of the alleged breaches by 18 May 2010, and proceedings were not commenced within the three-month period required by Regulation 47(7)(b).

Citation
[2011] EWHC 40 (QB)
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 Determination of Time Bar
Outcome
Application for disclosure granted with confidentiality safeguards; claims in paragraphs 20(1) and 20(2) struck out as time-barred.
Legal Topics
Disclosure of Documents, Time Bar/limitation Period, Transparency and Equal Treatment in Procurement, Confidentiality in Procurement Processes
Public Procurement Administrative Law Disclosure of Documents Time Bar/limitation Period Transparency and Equal Treatment in Procurement Confidentiality in Procurement Processes

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Parties

Mears Limited

Claimant

Leeds City Council

Defendant

Procedural Posture

Public Procurement Dispute / Interlocutory Application for Disclosure and Determination of Time Bar

Legal Issues

  1. 1 Whether Leeds City Council must disclose 'model answers' used in tender evaluation to Mears Limited
  2. 2 Whether Mears Limited's claims regarding the 14 May 2010 letter are time-barred under Regulation 47(7)(b) of the Public Contracts Regulations 2006

Ratio Decidendi

The model answers are relevant to the issues in dispute and necessary for fair disposal of the proceedings, and should be disclosed to Mears' legal representatives within a confidentiality ring. The claims in paragraphs 20(1) and 20(2) of the Particulars of Claim are time-barred because Mears had sufficient knowledge of the alleged breaches by 18 May 2010, and proceedings were not commenced within the three-month period required by Regulation 47(7)(b).

Court Disposition

Application for disclosure granted with confidentiality safeguards; claims in paragraphs 20(1) and 20(2) struck out as time-barred.

Orders

  • Leeds City Council to disclose model answers to Mears' solicitors and counsel within a confidentiality ring.
  • If necessary, a nominated individual from Mears (not involved in the procurement) may view the documents, subject to Leeds City Council's approval.