Alstom Transport UK Ltd v London Underground Ltd & Anor

Alstom Transport UK Ltd v London Underground Ltd & Anor

The court held that the claimant was entitled to disclosure of evaluators’ and moderators’ contemporaneous comments and score sheets in relation to certain sections of Bombardier’s bid, and any document evidencing the consideration of the reasoning behind the relevant evaluation report, but not to broader categories of documents which would amount to standard disclosure or for which there was no evidence of existence or materiality at this stage.

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
Civil Procurement Dispute / Interlocutory Application for Specific Disclosure
Outcome
Application for specific disclosure allowed in part, refused in part.
Legal Topics
Disclosure of Documents, Automatic Suspension, Tender Evaluation, Equality of Arms
Public Procurement Civil Procedure Disclosure of Documents Automatic Suspension Tender Evaluation Equality of Arms

Case Brief

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Parties

Alstom Transport UK Limited

Claimant

London Underground Limited

Defendant

Transport for London

Defendant

Procedural Posture

Civil Procurement Dispute / Interlocutory Application for Specific Disclosure

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

Ratio Decidendi

The court held that the claimant was entitled to disclosure of evaluators’ and moderators’ contemporaneous comments and score sheets in relation to certain sections of Bombardier’s bid, and any document evidencing the consideration of the reasoning behind the relevant evaluation report, but not to broader categories of documents which would amount to standard disclosure or for which there was no evidence of existence or materiality at this stage.

Court Disposition

Application for specific disclosure allowed in part, refused in part.

Orders

  • Defendants to disclose evaluators’ and moderators’ contemporaneous comments and score sheets in relation to Bombardier’s bid sections D01, D02, D03, and D04.
  • Defendants to disclose any document in Mr. Campbell’s possession evidencing the consideration of the reasoning behind paragraph 3.19 of the July 2016 report.