Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disclosure definition

What does Disclosure mean? Disclosure describes the process in litigation by which a party identifies, lists and, where not protected by privilege, allows inspection of documents within its control that are relevant to the issues in dispute, including confirming that a document exists or has existed. It covers paper and electronic material (ESI), and carries a continuing duty to preserve and disclose. In England and Wales, disclosure is governed by the Civil Procedure Rules: standard disclosure and inspection under Part 31, and in the Business and Property Courts, initial and extended disclosure under Practice Direction 57AD. Parties must conduct a reasonable and proportionate search, list...

Disclosure in procurement challenges pre-Procurement Act 2023: CPR 31, standard, specific and pre-action disclosure, confidentiality rings, and key case law

Published by a LexisNexis Local Government expert

Practice notes

This guidance addresses the position before the procurement Act 2023. It provides advice for public procurement exercises started prior to the Procurement Act 2023 (PA 2023) taking effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes continue insofar as needed for contracting authorities to complete and administer procurements begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be considered on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview, which includes the Practice Note: disclosure in connection with procurement challenges—PA 2023.

Aspects of disclosure in public procurement

There are several facets to disclosure in public procurement. This Practice Note focuses on disclosure arising in procurement challenge proceedings, particularly under the civil procedure rules 1998 (CPR). Also highly pertinent in the challenge context is disclosure of procurement and contract information under the Freedom of Information Act 2000...

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Andrew Millross

Anthony Collins Solicitors LLP

Andrew is a Partner in Anthony Collins Solicitors LLP, specialising in all aspects of procurement and construction. He has been with the firm since 1997 and before then spent 7 years in-house in local government. Andrew also has a background in governance and public/private partnerships.Andrew wrote the National Housing Federation 'Guide to the EU procurement rules' (2nd edition published 2007) a practical guide for registered providers of social housing on what contracts are covered by the rules, what the rules require and what practical strategies can be adopted to comply with them. He was the editor and main author of the 'NHF Contract Management guide' (published January 2010) and was the legal author of the NHF book 'Procurement in Practice; avoiding the pitfalls and getting the best result' (published 2013). Andrew also led the team from Anthony Collins Solicitors LLP that was...

Web page updated on 21/05/2026

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