Bombardier Transportation Ltd v Merseytravel [2017] EWHC 575 (TCC); [2017] EWHC 726 (TCC)

Confidentiality: Cards on the table

Kerri Crossen, Jean-Anne Young and Patrick Kane examine confidentiality in Irish public procurement proceedings ‘While contracting authorities may be eager to disclose information in order to begin the 30-day period to bring a challenge to a tender process, they should at all times bear in mind their obligations under Reg 21 of the 2016 Regulations …

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Update: The best of times, the worst of times

In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …

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Procedure: Taking notes

Graeme Young highlights the revised rules for procurement challenges in England and Wales ‘The note strongly suggests that the court will be minded to allow specific and early disclosure ahead of any lifting hearing provided there is some prima facie concern with the process and the documents requested can reasonably be viewed as relevant.’ The …

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