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In a recent judgment in the case of PAL Aerospace Limited v Secretary of State for the Home Department [2026] EWHC 2786 (TCC), DHCJ Jonathan Acton Davis KC decided to maintain the automatic suspension imposed by regulation 95 of the Public Contracts Regulations 2015 (as amended and now revoked) (the “PCR”).
The Judge accepted the Claimant’s submission that this was a rare case in which a procurement claim concerned a very narrow issue of construction which could realistically be brought to a short trial within a couple of months and during which period, the contracting authority would not suffer significant non-financial harm. The trial is now listed for 7 December 2026. Due to confidentiality protection, the judgment is very heavily redacted.
The procurement concerned a contract for the Strategic Intelligence Surveillance and Reconnaissance Special Missions Aircraft Management Service under which surveillance by air is provided of the crossing of small boats carrying migrants from mainland Europe to the UK. The Claimant is the incumbent provider.
The judge applied the test as set out by O’Farrell J in Camelot UK Lotteries Ltd v Gambling Commission [2022] EWHC 1664 (TCC). Much of the judgment in this case focuses upon whether damages would be an adequate remedy for the Claimant. The only unredacted argument was that damages would be too difficult to assess, which the judge accepted. He was not satisfied that damages would be an inadequate remedy for the Defendant, finding that its evidence in this regard was expressed in only “general terms”. He found that the balance of convenience favoured the maintenance of the suspension pending the determination of the claim at an expedited trial.
Whilst the PCR test is now a thing of the past, with fewer and fewer cases reaching the Courts, this decision demonstrates that it is possible for claimants to persuade the Court to maintain the suspension, especially if Court considers that the nature of the trial renders it suitable for a high degree of expedition, and that the TCC can accommodate a trial in very short order if required.
Rob Williams KC and Jonathan Lewis acted for the Claimant.
Azeem Suterwalla KC and Saara Idelbi acted for the Defendant.
Anneliese Blackwood acted for the Interested Party.