Alstom Transport UK Ltd v London Underground Ltd & Anor [2017] EWHC 1584 (TCC) (06 June 2017)

Alstom Transport UK Ltd v London Underground Ltd & Anor [2017] EWHC 1584 (TCC) (06 June 2017)

The court ordered limited early disclosure of evaluators' and moderators' contemporaneous comments and score sheets, and documents evidencing the reasoning behind a key procurement decision, but refused broader or standard disclosure at this stage, finding the claimant's requests justified only in part and relying on the assurances and evidence provided by the defendants' counsel and witness.

Citation
[2017] EWHC 1584 (TCC)
Parties
Claimant: Alstom Transport UK Limited; Defendant: London Underground Limited; Defendant: Transport for London
Jurisdiction
England and Wales
Judgment Date
06 June 2017
Procedural Posture
Application for Specific Disclosure in Procurement Litigation / Interlocutory Application Prior to Defence and Application to Lift Automatic Suspension
Outcome
Application for specific disclosure granted in part and refused in part
Legal Topics
Disclosure of Documents, Automatic Suspension Under Utilities Contracts Regulations 2006, Tender Evaluation Process, Equality of Arms in Litigation
Public Procurement Contract Law Civil Procedure Disclosure of Documents Automatic Suspension Under Utilities Contracts Regulations 2006 Tender Evaluation Process Equality of Arms in Litigation

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Parties

Alstom Transport UK Limited

Claimant

London Underground Limited

Defendant

Transport for London

Defendant

Procedural Posture

Application for Specific Disclosure in Procurement Litigation / Interlocutory Application Prior to Defence and Application to Lift Automatic Suspension

Legal Issues

  1. 1 Whether the claimant is entitled to specific disclosure of documents relating to the procurement process prior to standard disclosure
  2. 2 Whether the scope of disclosure should be limited to documents relevant to the application to lift the automatic suspension or broader issues in the claim
  3. 3 Whether the defendants have provided misleading or inconsistent information in the procurement process

Ratio Decidendi

The court ordered limited early disclosure of evaluators' and moderators' contemporaneous comments and score sheets, and documents evidencing the reasoning behind a key procurement decision, but refused broader or standard disclosure at this stage, finding the claimant's requests justified only in part and relying on the assurances and evidence provided by the defendants' counsel and witness.

Court Disposition

Application for specific disclosure granted in part and refused in part

Orders

  • Defendants to disclose evaluators' and moderators' contemporaneous comments and score sheets relating to specified sections of Bombardier's bid
  • Defendants to disclose any document in Mr. Campbell's possession evidencing the reasoning behind paragraph 3.19 of the July 2016 report