Bombardier Transportation Ltd v Merseytravel

Bombardier Transportation Ltd v Merseytravel

Court documents in procurement disputes should not be routinely marked as private; the default position is open justice, with confidentiality protected only where genuinely necessary and justified. The claimant's over-cautious approach to confidentiality was unwarranted, and the Particulars of Claim should be made available to the public.

Parties
Claimant: Bombardier Transportation Limited; Defendant: Merseytravel
Jurisdiction
England and Wales
Judgment Date
24 March 2017
Procedural Posture
Procurement Dispute / Interlocutory Application Regarding Confidentiality of Court Documents
Outcome
Application for blanket confidentiality over Particulars of Claim refused; further instructions required regarding annexes.
Legal Topics
Open Justice, Confidentiality in Court Proceedings, Access to Court Files
Public Procurement Civil Procedure Open Justice Confidentiality in Court Proceedings Access to Court Files

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Parties

Bombardier Transportation Limited

Claimant

Merseytravel

Defendant

Procedural Posture

Procurement Dispute / Interlocutory Application Regarding Confidentiality of Court Documents

Legal Issues

  1. 1 Whether documents in procurement disputes should be marked as private and withheld from non-parties
  2. 2 How to balance open justice with confidentiality in public procurement litigation

Ratio Decidendi

Court documents in procurement disputes should not be routinely marked as private; the default position is open justice, with confidentiality protected only where genuinely necessary and justified. The claimant's over-cautious approach to confidentiality was unwarranted, and the Particulars of Claim should be made available to the public.

Court Disposition

Application for blanket confidentiality over Particulars of Claim refused; further instructions required regarding annexes.

Orders

  • Particulars of Claim to be made available to the public on the court file.
  • Claimant to take further instructions and respond regarding confidentiality of annexes; issue may be resolved on paper.