Case management issues in procurement claims
Accessible Orthodontics v National Health Service Commissioning Board
In a hearing conducted by telephone due to the coronavirus (COVID-19) pandemic, the court provided useful guidance on some issues that regularly surface in public procurement claims. It overcame technical difficulties which interrupted the hearing by handing down judgment on some issues and conducting a second hearing in respect of the remainder. The court had to decide three issues—an application to amend the particulars of claim, the claimant’s application for disclosure and the defendant’s application for security of costs. In respect of the application to amend, it reinforced the important distinction between amendments which constitute a new claim as opposed to those which merely provide further particulars to an existing claim. In respect of the security of costs application, it set out considerations as to how such applications might be dealt with in light of the pandemic.
This article by Jonathan Lewis was first published by Lexis®PSL on 30 April 2020.
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