Geodesign Barriers Ltd v The Environment Agency

Geodesign Barriers Ltd v The Environment Agency

The court ordered specific disclosure of emails between evaluators and the procurement officer (category C), the bid documents of tenderers A, B, C, and D (category E), and any contemporaneous documents relating to the evaluation meetings, as these are relevant to the pleaded issues and necessary for the claimant to address causation. No order was made for categories where the defendant swore documents did not exist. The claimant was not entitled to the identities of other tenderers, and no advance permission to amend pleadings was granted. The confidentiality ring was expanded to include one expert for the claimant.

Parties
Claimant: Geodesign Barriers Limited; Defendant: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Procurement Dispute / Interlocutory Application for Specific Disclosure and Related Orders
Outcome
Application for specific disclosure granted in part; other relief refused.
Legal Topics
Specific Disclosure, Tender Evaluation, Confidentiality Ring, Amendment of Pleadings
Public Procurement Civil Procedure Specific Disclosure Tender Evaluation Confidentiality Ring Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Geodesign Barriers Limited

Claimant

The Environment Agency

Defendant

Procedural Posture

Procurement Dispute / Interlocutory Application for Specific Disclosure and Related Orders

Legal Issues

  1. 1 Whether the claimant is entitled to specific disclosure of documents relating to the tender evaluation process
  2. 2 Whether the claimant is entitled to the identities of other unsuccessful tenderers
  3. 3 Whether permission to amend the particulars of claim should be granted in advance

Ratio Decidendi

The court ordered specific disclosure of emails between evaluators and the procurement officer (category C), the bid documents of tenderers A, B, C, and D (category E), and any contemporaneous documents relating to the evaluation meetings, as these are relevant to the pleaded issues and necessary for the claimant to address causation. No order was made for categories where the defendant swore documents did not exist. The claimant was not entitled to the identities of other tenderers, and no advance permission to amend pleadings was granted. The confidentiality ring was expanded to include one expert for the claimant.

Court Disposition

Application for specific disclosure granted in part; other relief refused.

Orders

  • Disclosure of emails between evaluators and procurement officer relating to compliance assessment (category C)
  • Disclosure of bid documents for tenderers A, B, C, and D into the confidentiality ring (category E)