Exel Europe Limited v University Hospitals Coventry & Warwickshire NHS Trust [2010] EWHC 3332 (TCC)

08 Apr 2011

Exel Europe is one of two recent judgments, the other being The Halo Trust v Secretary of State for International Development [2011] EWHC 87 (TCC), where the High Court (Akenhead J in both cases) has applied a robust American Cyanamid analysis in exercising its discretion under regulation 47H(1)(a) of the Public Contracts Regulations 2006 (“the Regulations”) to lift an automatic suspension of contract award arising by virtue of regulation 47G. The Exel judgment suggests that the merits of the underlying claim and the public interest will both be important factors that the court will take into account in assessing the balance of convenience on an application to lift an automatic suspension.