Bombardier Transportation UK Ltd v London Underground Ltd

Bombardier Transportation UK Ltd v London Underground Ltd

A proportionate and limited specific disclosure is justified due to the issues raised in pleadings and witness evidence, allowing reasonable searches of Mr Winning's email account and relevant custodians within defined dates.

Parties
Claimant: Bombardier Transportation UK Limited; Defendant: London Underground Limited; Defendant: Hitachi Rail Europe Limited
Jurisdiction
England and Wales
Judgment Date
25 October 2019
Procedural Posture
Procurement Challenge / Application for Specific Disclosure
Outcome
Application for specific disclosure granted.
Legal Topics
Disclosure, Manifest Error, Evaluation of Tender Materials
Commercial Law Public Procurement Disclosure Manifest Error Evaluation of Tender Materials

Case Brief

Summary, issues, holding and outcome

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Parties

Bombardier Transportation UK Limited

Claimant

London Underground Limited

Defendant

Hitachi Rail Europe Limited

Defendant

Procedural Posture

Procurement Challenge / Application for Specific Disclosure

Legal Issues

  1. 1 Whether further specific disclosure regarding SGI casting defects is warranted
  2. 2 Relevance of documents not seen by evaluators
  3. 3 Proportionality of disclosure process

Ratio Decidendi

A proportionate and limited specific disclosure is justified due to the issues raised in pleadings and witness evidence, allowing reasonable searches of Mr Winning's email account and relevant custodians within defined dates.

Court Disposition

Application for specific disclosure granted.

Orders

  • Reasonable searches of Mr Winning's email account and other relevant custodians for documents relating to SGI casting defects from August 2017 to 31 March 2019.