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Discovery is indispensable to case pleaded in public procurement judicial review proceedings

By: Ian Fitzharris BL

High Court, in public procurement judicial review proceedings, makes order for discovery by the contracting authority of documentation relevant to the evaluation of the applicant's tender, on the grounds that, without such discovery, the applicant will be unable to make out its case at trial and, as such, it is 'indispensable' to the case as pleaded.

Discovery in public procurement proceedings - cross applications - proceedings seeking judicial review in the context of an award of translating contract - legal test governing applications for discovery in public procurement proceedings - importance of identifying issues in pleadings - principles to be applied - relevance - necessity, reasonableness and proportionality - 'indispensable for the fair disposal of the procurement challenge' - multi-supplier framework agreement - grounds of challenge - standstill period - undisclosed award criteria - unlawful evaluation - equal treatment - unlawful acceptance of abnormally low tender - adequacy of reasons - discovery of successful tenderer's tender indispensable - applicant plaintiff's case cannot be made without discovery.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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