Edenred (UK Group) Ltd, R (on the application of) v HM Treasury & Ors [2014] EWHC 3555 (QB) (27 October 2014)

Edenred (UK Group) Ltd, R (on the application of) v HM Treasury & Ors [2014] EWHC 3555 (QB) (27 October 2014)

The public interest in compliance with the law and lawful implementation outweighs the detriment from delay; damages are inadequate for claimant; suspension should remain pending expedited trial.

Citation
[2014] EWHC 3555 (QB)
Parties
Claimant: Edenred (UK Group) Limited; First Defendant: Her Majesty's Treasury; Second Defendant: Her Majesty's Commissioners for Revenue & Customs; Third Defendant: National Savings & Investment
Jurisdiction
England and Wales
Judgment Date
27 October 2014
Procedural Posture
Judicial Review / Interim Relief Application (automatic Suspension Under Regulation 47 G)
Outcome
Application to lift automatic suspension refused
Legal Topics
Automatic Suspension, Interim Relief, Material Variation, Tender Requirement, Public Services Regulations 2006
Public Procurement Administrative Law Automatic Suspension Interim Relief Material Variation Tender Requirement Public Services Regulations 2006

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Parties

Edenred (UK Group) Limited

Claimant

Her Majesty's Treasury

First Defendant

Her Majesty's Commissioners for Revenue & Customs

Second Defendant

National Savings & Investment

Third Defendant

Procedural Posture

Judicial Review / Interim Relief Application (automatic Suspension Under Regulation 47 G)

Legal Issues

  1. 1 Whether arrangements for administering Tax Free Childcare scheme require a tender under Public Services Regulations 2006
  2. 2 Whether use of Atos constitutes a material variation requiring a separate tender
  3. 3 Whether automatic suspension should be lifted under Regulation 47H

Ratio Decidendi

The public interest in compliance with the law and lawful implementation outweighs the detriment from delay; damages are inadequate for claimant; suspension should remain pending expedited trial.

Court Disposition

Application to lift automatic suspension refused

Orders

  • Suspension under Regulation 47G to remain in place until conclusion of trial