Accessible Orthodontics (O) Ltd and Accessible Orthodontics LLP v National Health Service Commissioning Board
Citation:  EWHC 785 (TCC)
These claims relate to tenders for NHS orthodontic services in the Oxford area. Simon Taylor acted for the NHS Commissioning Board at a Case Management Conference held virtually on 27 March and 2 April 2020. Mr ter Haar QC sitting as a Deputy High Court Judge granted Accessible Orthodontics LLP permission to amend its statement of case on the 2nd claim to introduce scoring allegations relating to the successful bid some 18 months after proceedings were issued. These changes were held to be further particulars of the existing claim (which related to the scoring of the Claimant’s bid) rather than a new and time barred claim. The Court rejected Accessible Orthodontics Ltd’s request for disclosure of documents relating to other bidders on the 1st claim on the basis that there was no pleaded case which opened up the examination of the marks of other bidders.