CHC Ireland DAC v The Minister for Transport (Unapproved) [2023] IECA 335 (15 December 2023)

CHC Ireland DAC v The Minister for Transport (Unapproved) [2023] IECA 335 (15 December 2023)

The High Court's order limiting discovery was within its discretion, as CHC failed to provide a credible basis for broader discovery of confidential information, and the established Irish approach to discovery in procurement cases, as set out in Word Perfect, remains applicable. The CJEU jurisprudence does not entitle CHC to the essential content of Bristow's tender as of right, and the iterative approach to discovery preserves CHC's ability to seek further disclosure if justified.

Citation
[2023] IECA 335
Parties
Applicant/appellant: CHC Ireland DAC; Respondent/respondent: The Minister for Transport; Notice Party: Bristow Ireland Limited
Jurisdiction
Ireland
Judgment Date
15 December 2023
Procedural Posture
Appeal (discovery Application in Public Procurement Judicial Review) / Court of Appeal Judgment on Interlocutory Discovery Order
Outcome
appeal dismissed
Legal Topics
Discovery, Confidential Information, Judicial Review, Public Contracts, Interlocutory Orders
Public Procurement Administrative Law Civil Procedure Discovery Confidential Information Judicial Review Public Contracts Interlocutory Orders

Case Brief

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Parties

CHC Ireland DAC

Applicant/appellant

The Minister for Transport

Respondent/respondent

Bristow Ireland Limited

Notice Party

Procedural Posture

Appeal (discovery Application in Public Procurement Judicial Review) / Court of Appeal Judgment on Interlocutory Discovery Order

Legal Issues

  1. 1 Whether the High Court erred in limiting discovery in a public procurement challenge involving confidential tender information
  2. 2 Whether recent CJEU jurisprudence alters the Irish approach to discovery in procurement cases
  3. 3 Whether the applicant established relevance and necessity for the discovery sought

Ratio Decidendi

The High Court's order limiting discovery was within its discretion, as CHC failed to provide a credible basis for broader discovery of confidential information, and the established Irish approach to discovery in procurement cases, as set out in Word Perfect, remains applicable. The CJEU jurisprudence does not entitle CHC to the essential content of Bristow's tender as of right, and the iterative approach to discovery preserves CHC's ability to seek further disclosure if justified.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The High Court's discovery order stands.