Croft House Care Ltd & ors v Durham County Council [2010] EWHC 909 (TCC)

Tendering: Ask no questions, tell no lies

Catherine Wolfenden and Jorren Knibbe assess the relationship between confidentiality and the procurement process ‘The public body will be obliged to provide information requested under FOIA unless one of the statutory exceptions applies. There are statutory exceptions for confidential and commercially sensitive information, but the protection they provide is less than perfect.’Tendering for public sector …

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Tendering: Top Trumps

David McGowan and Michelle Boles review the case law on disclosure of third-party confidential documents in procurement litigation ‘Before disclosing confidential information to a competitor, the national court must allow the affected economic operator an opportunity to plead confidentiality.’The lot of the unsuccessful tenderer is not a happy one. Fortunately, there is help at hand. …

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