Discovery of rival tenderer’s methodology ordered in procurement dispute but confidentiality ring access limited to lawyers and experts

The Court of Appeal allowed an appeal in part from the High Court's refusal to order discovery in public procurement proceedings regarding a contract for managing agent services. The appellant, an unsuccessful tenderer, sought access to the methodology proposed by the successful tenderer, arguing it was necessary to fully understand whether the winning bid complied with the tender requirements and whether there was unequal treatment or lack of transparency in the award process. The Court of Appeal found that discovery of the relevant parts of the successful tenderer's methodology was indeed necessary for a fair hearing, overturning the High Court's refusal and ordering discovery on a confined basis, accessible only through a confidentiality ring. However, the appeal was dismissed in relation to the appellant’s request for one of its own executives to be allowed access to this confidential material, holding that the High Court was correct in limiting direct access to lawyers and experts, as there was no evidence that client input was essential. Each party was directed to bear costs in the cause, absent further application.