Indigo v Colchester Institute

14 Dec 2010

In Indigo v Colchester Institute, David Donaldson QC sitting as a Deputy High Court Judge in the QBD, considered an application by the Defendant under Regulation 47H(1) of the Public Contracts Regulations 2006 (as amended by the Public Contracts (Amendment) Regulations 2009) to lift the automatic suspension imposed by Regulation 47G. The automatic suspension provisions were introduced by the 2009 amendments effectively preventing the award of a contract to which the Regulations apply where such an award has not been made at the time proceedings are issued. The amendments therefore place the burden on the contracting authority defendant to any such claim to apply to the High Court to have the automatic suspension lifted.

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