Disclosure & inspection of documents—Production of documents—Production before commencement of proceedings

Queen’s Bench Division, Technology and Construction Court, Coulson J, 19 Apr 2013

The High Court has set out broad principles applicable to applications for early specific disclosure in public procurement cases.

Fionnuala McCredie (instructed by Eversheds LLP) for the claimant. Nigel Giffin QC (instructed by Beachcroft LLP) for the defendant.

The defendant was responsible for a number of hospitals in West Yorkshire. It was seeking to let a managed service contract for the provision of laboratory services at three main centres. In June 2012, the claimant submitted its bid as part of a tender exercise. In November, it was told that it had been unsuccessful and that the successful bidder was another company, A Ltd. The claimant subsequently issued proceedings challenging the fairness of the procurement exercise. There was also a separate dispute, which was not yet the subject of litigation, relating to an interim