A practical guide to public procurement challenges under the Procurement Act 2023 - Flipbook - Page 11
A guide to public procurement challenges in England and Wales
ite to challenger re risks of
and invite agreement to lift,
ernatively requesting confirmation
cross-undertaking in damages.
pare and issue application to lift
omatic suspension (including
ness statements in support).
In parallel with the AtL
work prepare for first case
management conference
which may be straight after
the AtL judgement – seek to
agree timetable to trial.
ot already appointed, instruct
ecialist procurement barrister.
pare reply evidence in the AtL.
pare defence to the challenger’s
im.
Will require early
consideration of scope
of and parameters for
disclosure.
spond to specific disclosure
plication, if made.
Automatic
supension
Specific
disclosure
application
Application for specific
disclosure if requests
unanswered.
Identify confidentiality
ring candidates.
Decide whether to resist
AtL. If so:
Identify witness(es)
and prepare evidence
in response to AtL.
Prepare expedited
timetable to trial.
4 to 10 weeks
Review Defence
and draft Reply.
Reply
8 to 12 weeks
Prepare for first case
management conference
which may be straight
after the AtL judgement
– seek to agree timetable
to trial.
Consider scope of
and parameters for
disclosure.
12 to 18 months (or
3 to 6 months if
expedited)
y)
ia
bi
lit
ew
Tr
ia
l(
of
l
lr
ev
i
ia
es
itn
Pr
etr
re
su
Judgement on AtL and
Case Management
Conference
W
Hearing of AtL
lo
Defence
Di
sc
ue Application
Lift automatic
pension (“AtL”)
ss
ta
te
m
en
ts
aft and serve Defence.
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