- Expert evidence in public procurement challenges (Bop-Me 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: The claimant applied for permission to rely on expert evidence in support of its challenge to the Secretary of State’s award of public contracts for the procurement of face masks. The Secretary of State resisted the application, arguing that all of the issues identified by the claimant for an expert were legal questions and not appropriate for expert evidence. Following a brief review of the authorities on the admissibility of expert evidence in procurement challenges, the court concluded that one of the issues identified by the claimant, concerning whether testing reports were compliant, was appropriate for expert evidence and that permission should be granted for expert evidence limited to this issue. Written by Denis Edwards, barrister, Normanton Chambers.
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