Relevant Procedural History
Relevant Procedural History
On 15 February 2022 the Claimants issued the First Claim against the Defendant alleging breach of the Regulations. This is the procurement claim that is referred to in the minutes of the Defendant’s internal meeting of 23 February 2022, referred to above. Particulars of Claim were served on 22 February 2022. The Second and Third Claims were issued on 30 September 2022 and 27 August 2024 respectively.
The parties agreed that the First and Second Claims be managed together (as is recorded in the recitals to an order of O’Farrell J dated 17 October 2022). Accordingly, a CMC in these Claims took place on 9 June 2023. Waksman J ordered that disclosure be carried out pursuant to Practice Direction 57AD against a List of issues for Disclosure. The parties provided disclosure of documents responsive to the List of Issues for Disclosure on 26 July 2024 and provided inspection on the same date. The Defendant disclosed approximately 8,500 documents but did not disclose the Intertek Audit Report or any Associated Documents.
The trial is listed to take place over 16 days in June 2026.
- Heading
- This is an application by the Claimants for a declaration that an audit report commissioned by the Defendant and created at a time when the parties were involved in Without Prejudice negotiations, tog
- The Background to the Application
- Relevant Procedural History
- The Application
- The Evidence
- Relevant Legal Principles
- Discussion
- The Public Policy Justification
- Implied Agreement
- Conclusions
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