Suspensory Application Lifted ~ Three in a Row for Monckton

28 Jan 2011

Judgment was delivered in the High Court in Halo Trust v The Secretary of State for International Development.

The case concerns the procurement of services for mine clearance and development work in Cambodia.  The Department of International Development (DFID) had been funding the claimant, the Halo Trust, and the successful tenderer, Mines Advisory Group (MAG) through an “Accountable Grant” mechanism. DFID decided to put the funding on a contractual basis and run a framework competition, with one supplier selected for each country supported under a mini-competition.  The mini-competition for Cambodia was won by MAG, and the Halo Trust challenged.

This judgment is another application of whether a body should be restrained by the operation of Regulation 47H of the Public Contracts Regulations 2006. Regulation 47H restrained DFID from placing a contract with MAG once proceedings had been issued.

It was decided in this case the suspensory effect of regulation 47H should be brought to an end, and DFID should be permitted to enter into a contract with MAG.

This case is the third in which a contracting authority sought to have the “suspensory effect” of proceedings lifted, following  Indigo v Colchester Institute, and Exel v University Hospitals.  In each case the contracting authority was successful.  In each case members of Monckton Chambers appeared for the contracting authority.

Jennifer Skilbeck acted for the successful Secretary of State for International Development

To read our case note, please click here.