Prime Way Care Ltd v London Borough of Southwark: What the judgment means for suppliers

The outcome in only the second reported judgment handed down under the Procurement Act 2023 is "encouraging for suppliers", says top Commercial Litigation Partner at Knights.

Fleur Turrington, a Procurement specialist at Knights, believes the judgment in favour of the claimant in Prime Way Care Ltd v London Borough of Southwark demonstrates the "importance of early disclosure and evaluation records in procurement challenges".

The judgment saw the court rule in favour of Prime Way Care Ltd, who had stated it had been unfairly treated and made allegations of unequal treatment in the evaluation of bids and therefore requested specific disclosure of the 5 other bidders’ evaluation notes. The procurement in question was of a framework agreement valued at £230m and the claimant was excluded by the defendant at the first stage.

The defendant rejected the disclosure request and so the claimant applied to the court for specific disclosure. The defendant resisted but the court favoured the claimant saying specific disclosure should be given because they stated the other bidders’ notes could be relevant and the request was narrow.

Reacting to the judgment, Fleur Turrington, Commercial Litigation Partner at Knights, said:

"Whilst the Procurement Act came into force in February 2025 there’s not much case law case law yet, so many are keenly watching to see what the judges are saying and how the courts interpret the Act.

In procurement there are longstanding principles regarding disclosure, such as the Roche principles, and from this recent case it seems clear that these principles will remain in place.

Early disclosure in litigation is often very important and in procurement due to the tight timescales. Obtaining disclosure early on is equally as important to provide suppliers with as much information as possible to determine the merits of a challenge.

The judgment is obviously new but as with the recent ParkingEye case, this case gives us an insight into the court’s interpretation of the Act and the court’s judgment is encouraging for supplies.

In my view, it’s likely we’ll see an increase in applications for specific disclosure as the focus of the importance of early disclosure in procurement cases remains a hot topic.

For me I think the key takeaway from this case is how it demonstrates the importance of early disclosure and evaluation records in procurement challenges, and importantly the court’s willingness to grant specific disclosure of relevant records to ensure transparency, which remains key in procurement challenges."