The national emergency communication system that is currently relied upon by the police, fire and rescue and ambulance services in Great Britain is supplied by Airwave Solutions Ltd (a subsidiary of the Motorola group) using a dedicated land mobile radio network.
On 13 March 2024, the Secretary of State for the Home Department issued a Deferred National Shut Down Notice extending the duration of the Airwave contracts by 3 years, with the effect that they would expire on 31 December 2029 (rather than on 31 December 2026, as previously provided).
Two separate claims have been issued by Airwave Solutions Ltd and Motorola Solutions UK Ltd challenging the Deferred National Shut Down Notice: a judicial review claim and a Part 7 claim under the Public Contracts Regulations 2015 and in contract law. Both claims allege, in summary, that the Deferred National Shut Down Notice was unlawful on various public and/or private law grounds.
Joseph Barrett KC and Stephen Kosmin appear for the Secretary of State for the Home Department and the Secretary of State for Health and Social Care (instructed by TLT LLP).
Rupert Paines (led by Valentina Sloane KC) appears for Airwave Solutions Ltd and Motorola Solutions UK Ltd (instructed by Quinn Emanuel Urquhart & Sullivan UK LLP).
