The High Court has today delivered judgment in only the second case to date dealing with the approach to procurements which are automatically suspended upon the issue of proceedings challenging the procurement exercise under the new Remedies Regime. The High Court has confirmed that despite the introduction of the new regime the appropriate approach on such applications that should be adopted by Courts in England and Wales is that laid out by the House of Lords in American Cyanamid v Ethicon. The judgment also contains a number of interesting observations on the adequacy of damages in such applications.
Michael Bowsher QC and Ben Rayment appeared on behalf of the Contracting Authority that was successful in obtaining the lifting of the automatic suspension.
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Michael Bowsher QC