First application to lift automatic suspension under new public procurement rules successful

01 Dec 2010

Judgment was delivered today, 1 December 2010, in the High Court (QBD) in Indigo -v- Colchester Institute, the first application by a contracting authority under Regulation 47H of the Public Contracts Regulations (as amended) to lift an automatic suspension of entry into a contract pursuant to Regulation 47G. The judge gave abbreviated reasons; full judgment to be available tomorrow.

The headline point is that pursuant to Regulation 47H(2)(a) the Court treated the application as though it were an application for an injunction by the disappointed tenderer and applied the American Cyanamid test. Based on the balance of convenience, the suspension was lifted.

Philip Moser of Monckton Chambers (instructed by Mills & Reeve, Cambridge) acted for the successful contracting authority.

A full version of the judgment is available here Indigo v Colchester Judgment

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Philip Moser QC