A sea change in approach?
In ParkingEye Limited v Velindre University NHS Trust and Cardiff and Vale University Health Board, the Court confirmed that the section 102 test was materially different from the American Cyanamid test, placing much greater emphasis on the public interest in ensuring public contracts are awarded in accordance with the law than was previously the case. Importantly, the Court concluded that the balance of interests favoured maintaining the automatic suspension despite finding that damages would have been an adequate remedy for the Claimant.
DWF and the Counsel team who represented the Claimant analysed the judgment in detail and explored what it meant in practice for both contracting authorities and suppliers. They considered when the Courts might be willing to lift a suspension, what evidence was likely to be required to demonstrate a persuasive countervailing public interest, and how this decision might affect procurement timelines, risk management and litigation strategy going forward.
Watch the recording
Speakers
Ed Williams (DWF)
Stephen Kosmin (11kbw)
Oliver Jackson (11kbw)
