NEWS

Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust

21 December 2010

The High Court has today delivered judgment in only the second case to date dealing with the approach to procurements which are automatically suspended upon the issue of proceedings challenging the procurement exercise under the new Remedies Regime. The High Court has confirmed that despite the introduction of the new regime the appropriate approach on such applications that should be adopted by Courts in England and Wales is that laid out by the House of Lords in American Cyanamid v Ethicon. The judgment also contains a number of interesting observations on the adequacy of damages in such applications.

Michael Bowsher QC and Ben Rayment appeared on behalf of the Contracting Authority that was successful in obtaining the lifting of the automatic suspension.

To read our case note, please click here.

The judgment can be found here.

Please click below for more information on:
Michael Bowsher QC
Ben Rayment