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The First and Second Claims
The First and Second Claims
On 15 February 2022, the Claimants issued the Procurement Claim, which alleges breaches of the Regulations arising out of the Defendant’s failure to place orders with the Claimants in accordance with the Allocation Procedure and the Defendant’s decisions to allocate additional volume and make direct awards to Medco, Tanner and Innova [PCMB/1/5].
On 30 September 2022, the Claimants issued the Wrongful Rejection Claim, alleging that the Defendant was not entitled to reject the 68.4m Tests which were the subject of the Committed Order and that the Rejection Notice was invalid [PCMB/11/83].
The Procurement Claim and the Wrongful Rejection Claim are being managed together by order of O’Farrell J dated 17 October 2022 [PCMB/21/193].
- Heading
- Mr Roger ter Haar KC
- The factual background
- The First and Second Claims
- Waksman J.’s Order for Disclosure
- Mr Jason Coppel KC’s Order
- The Defendant’s Strike Out Application
- The Law: Disclosure and Preservation of Documents
- The Law: Applications to Strike Out under CPR r. 3.4
- The Law: Res judicata and interlocutory decisions
- Were the Claimants in breach of an order of the Court?
- Was the Claimants’ breach serious and significant?
- Was there a good reason for the default?
- Conclusions