The Technology and Construction Court has ordered the London Borough of Southwark to disclose evaluation material relating to five bidders in a disputed procurement for adult home care services. The ruling, handed down on 21 July 2026 by Mr Justice Constable, revisits how early specific disclosure should be handled in public procurement challenges.
What the case was about
The claim was brought by Prime Way Care Ltd under the Procurement Act 2023. Prime Way was eliminated at the first stage of a two‑stage tender for a multi‑lot adult home care framework after it scored three out of five on a workforce management question. The minimum score required to progress was four.
Southwark's initial rejection letter cited shortcomings, including a lack of concrete examples and insufficient recruitment detail. When Prime Way sought clarification, the council supplied further explanation, saying its additional detail came from moderated evaluator comments.
Disclosure sought and court decision
Prime Way asked the court for specific disclosure of the evaluation records of all bidders who had scored four or above on the contested question. The group was ultimately narrowed during the hearing to five bidders who remained in contention for the contract award. Southwark resisted, arguing the claimant had not properly pleaded unequal treatment and had not shown the prima facie case needed for early disclosure under the legal principles established in Roche Diagnostics v Mid Yorkshire Hospitals NHS Trust.
Prime Way alleged the council applied undisclosed "shadow benchmarks" when marking its response.
Mr Justice Constable concluded that, when the particulars are read as a whole and given a generous construction (in light of Prime Way having initially acted as a litigant in person), the case did advance a generalised plea of unequal treatment sufficient to engage the disclosure requested.
- Claimant: Prime Way Care Ltd
- Defendant: London Borough of Southwark
- Court: Technology and Construction Court (judgment dated 21 July 2026)
| Issue | Detail |
|---|---|
| Procurement | Multi‑lot adult home care framework |
| Disputed score | 3/5 on workforce management question (min required 4) |
| Disclosure ordered | Evaluation records for five successful bidders |
The judgment is likely to be watched by suppliers and public bodies alike because it touches on how and when courts will order early disclosure of competitors' evaluation records in procurement litigation. For Southwark residents this case raises questions about the transparency of the council's tendering processes for care services — a significant area of public spending affecting vulnerable people in the borough.
The council and Prime Way Care will now have to follow the court's order on disclosure. The next steps could include examination of evaluation material and any claim that scoring applied unequal standards between bidders, but further developments will depend on the parties' actions and any subsequent hearings.
