The Halo Trust v Secretary of State for International Development [2011] EWHC 87 (TCC)

18 Jan 2011

This is the third judgment to date – following Indigo v Colchester Institute1 and Exel Europe2 – where a court has applied American Cyanamid principles in exercising its discretion to lift an automatic suspension imposed by regulation 47G of the Public Contract Regulations 2006 (“the Regulations”), as amended to take account of the Remedies Directive. It is an interesting instance of a court lifting a suspension on the ground that there is no serious issue to be tried under the Regulations.