NATS (Services) Limited v Gatwick Airport Limited
Citation:  EWHC 3728 (TCC)
Three applications were made at this interim hearing in the course of public procurement proceedings relating to the tendering process for air navigation services at Gatwick Airport. The Claimant (“NATS”), the incumbent provider of the relevant services, had been unsuccessful in its bid for the new contract and had brought proceedings challenging the Defendant (“GAL”)’s decision to award the contract to DFS Deutsche Flugsicherung (“DFS”), the successful bidder. There were 4 weeks until the hearing of an expedited trial. NATS applied for:
(i) permission to re-amend its Particulars of Claim (seeking substantially to re-amend paras 16(f) and 17, and to add a new para 16(h); and
(ii) an order for specific disclosure of certain confidential documents. GAL applied to strike out certain parts of NATS’ (already) Amended Particulars of Claim and also opposed a number of the proposed re-amendments.
Mr Justice Akenhead allowed all of the re-amendments sought by NATS, save for the incorporation of a new Schedule 1 into para 16(f) and those amendments sought in relation to para 17, which the Court held were made too late or did not disclose a cause of action with sufficient prospects of success to be allowed. The parties agreed to revised terms of disclosure.