Medequip Assistive Technology Limited v Royal Borough of Kensington and Chelsea [2022] EWHC 3293 (TCC)
The High Court (Eyre J) has ruled that the automatic suspension should be lifted in respect of a c. £400m framework agreement being let by 21 London boroughs and other public bodies relating to the provision of community equipment services. The contract is said to be the largest of its type in Europe.
In summary, the Judge held that: (i) damages would not be an adequate remedy for the Claimant due to potential difficulties in quantifying losses arising from allegations of undisclosed criteria, but (ii) the balance of convenience decisively favoured the lifting of the suspension.
The Court’s judgment provides important guidance on the legal principles applicable to applications to lift automatic suspensions in procurement disputes, in particular in relation to the correct approach to various elements of the balance of convenience analysis.
A copy of the judgment can be found here.
Joseph Barrett was sole counsel for the successful Defendant, Royal Borough of Kensington and Chelsea
Jason Coppel KC appeared for the Interested Party, NRS
