- Alert: Applying for extension of time to serve particulars of claim pending specific disclosure risky (Cemex v Network Rail)
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Public law analysis: In Cemex UK Operations Ltd v Network Rail Infrastructure Ltd, the TCC granted permission to the successful bidder Rail One, to join as interested party in a public procurement challenge by Cemex, the unsuccessful bidder. Cemex, was requesting specific disclosure of further documents from Network Rail including Rail One’s highly confidential information as well as permission to delay service of particulars of claim until these documents were provided. The application for specific disclosure was refused and permission to extend service of the particulars of claim was granted only to the extent that parties had been able to agree during the hearing. Mr Justice Coulson observed that the approach taken by Cemex was a risky course of action.
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