Roche Diagnostics Ltd v The MID Yorkshire Hospitals NHS Trust [2013} EWHC 933 (TCC) – Law Journals

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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Disclosure: Hidden in plain sight

Lisa Boyd looks at the question of confidentiality and disclosure in the light of the recent TCC guidance note ‘The guidance note suggests that confidential information should be in a self-contained schedule or annex and that any confidential information served electronically should be further protected by way of passwords etc.’ On 17 July 2017, the …

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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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Practice: Nuclear power – the gift to procurement lawyers that keeps on giving

Helen Prandy, Jenny Beresford-Jones and Ruth Smith consider the impact of NDA v EnergySolutions ‘On top of the costs of the procurement itself this matter has had a significant impact on the public purse.’ One of the highest profile public procurement challenges brought over the past year is the case of Nuclear Decommissioning Authority v …

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Tendering: Nowhere to hide? Specific and pre-action disclosure in public procurement

Clare Arthurs discusses the use of disclosure in the procurement process ‘The courts understand that the balance of power is skewed in favour of the public authority during the procurement process, and will seek to help redress this balance where necessary.’The end of a procurement exercise is inevitably a disappointing time for every bidder bar …

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