Including client representatives in confidentiality rings in public procurement challenges is the norm, not the exception (Lime Technology Ltd v Liverpool City Council)
Public Law analysis: This case concerns the dichotomy between protecting a bidder’s confidential information versus ensuring that the claimant has enough information to determine whether it should pursue its claim. The court held that while the preferred bidder (Bolt Operations UK Ltd (Bolt)), had legitimate commercial concerns as to the risk of highly sensitive information being leaked and/or misused, this was overridden by the legitimate interest of the claimant (Lime Technology Ltd (Lime)) in ensuring that it had access to the relevant documents to determine whether it had sufficient credibility to justify pursuing the challenge before the court. This case re-emphasises that the inclusion of a client representative in a confidentiality ring is the norm, not the exception, and in procurement challenges, needs to occur at an early stage. It also emphasises that the client representative should enter into suitable confidentiality undertaking to protect the confidential information. Written by Colin Murray, partner at DWF Law LLP and Rowan Scarth, solicitor at DWF Law LLP.