- Disclosure in coronavirus (COVID-19) procurement challenges (Good Law Project Ltd and Everydoctor Ltd v Secretary of State for Health and Social Care)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Public Law analysis: In this ex tempore judgment Mrs Justice O’Farrell considered the claimant’s applications for an order requiring the defendant to (i) file and serve detailed grounds for contesting the claim and written evidence relied without redacting the names of the individuals concerned and (ii) provide a witness statement explaining the parameters and method followed for its disclosure exercise. The application was granted in part. The defendant was ordered to disclosure unredacted documents into the confidentiality ring already in place, so that the claimants might challenge specific redactions as they saw fit. The defendant’s explanation of its disclosure exercise was satisfactory, and if the claimant had concerns relating to specific documents the appropriate course was to make an application for specific disclosure. The judgment sets out a helpful analysis of the relevant principles of disclosure in judicial review proceedings and the approach to be adopted by the court in considering interlocutory disclosure applications. Written by Siân McGibbon, barrister at 4-5 Gray’s Inn Square.
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