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Monckton Chambers, London
Members and Staff
Pic:NICK STRUGNELL
The High Court (Jefford J) has given judgment (1) in favour of lifting the Automatic Suspension under the PCR 2015, to permit the NHS Northamptonshire Integrated Care Board (ICB) to contract with its preferred bidder, and (2) dismissing the Claimant’s application for expedition in the proceedings.
The proceedings concern a Part 7 claim brought against the procurement of a contract to provide an Urgent Care Centre in Corby. The Claimant is the incumbent operator of the previous service. It was unsuccessful in the procurement.
The Court decided the application on the balance of convenience, finding that it was “firmly in favour” of lifting the Automatic Suspension. Notably, the Claimant declined to provide the standard cross-undertaking to the ICB or the interested party successful bidder. The Court held that this was the strongest reason not to grant the application (§82).
Following consequential matters, the Court ordered a temporary stay of execution its order, pending any application for permission appeal by the Claimant to the Court of Appeal, which it directed must be made on an expedited timetable.
Judgment is available here.
Jen Coyne acted for the NHS Northamptonshire Integrated Care Board, instructed by James Barry and Libby McKane at Mills & Reeve LLP.