Public Contracts Regs – Gateley defeats Authority application to lift automatic suspension

We don’t just write blogs here in the procurement team at Gateley…

Yesterday, in the TCC in Manchester, HHJ Raynor QC rejected a Contracting Authority’s application to lift an automatic suspension on contract award imposed in procurement proceedings. Those proceedings were commenced in June by Gateley on behalf of its client, an aggrieved bidder in a procurement governed by the Public Contracts Regulations 2006 (as amended).

The developing reported case law to date has exclusively found that the balance of convenience in terms of continuing or lifting such a suspension lies with the Authority and that damages will usually be a sufficient remedy for an aggrieved bidder.

Albeit decided on it own facts, this case shows that where a challenge has merits, and benefits from specialist legal support (we would say that wouldn’t we!) it is by no means inevitable that the Authority will effectively neuter the claim by throwing itself on the mercy of the court in an application to lift the suspension.

David Vayro (Partner) and Gemma Wilson (Associate) of Gateley instructed Philip Moser QC and Rebecca Haynes of Monckton Chambers.

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