Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust [2017] EWHC 1824 (TCC) (21 July 2017)

Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust [2017] EWHC 1824 (TCC) (21 July 2017)

Damages would be an adequate remedy for Sysmex if the suspension is lifted and they succeed at trial, but damages would not be an adequate remedy for the Trust if the suspension is continued and they succeed at trial, due to the risk to patient care and significant cost savings. The balance of convenience overwhelmingly favours lifting the suspension.

Citation
[2017] EWHC 1824 (TCC)
Parties
Claimant/respondent: Sysmex (UK) Limited; Defendant/applicant: Imperial College Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
21 July 2017
Procedural Posture
Interim Application in Procurement Proceedings / Application to Lift Automatic Suspension Under Regulation 96(1)(a) of the Public Contracts Regulations 2015
Outcome
Application granted; automatic suspension lifted.
Legal Topics
Automatic Suspension, Adequacy of Damages, Balance of Convenience, Interim Injunctions, Public Contracts Regulations 2015
Public Procurement Contract Law Automatic Suspension Adequacy of Damages Balance of Convenience Interim Injunctions Public Contracts Regulations 2015

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sysmex (UK) Limited

Claimant/respondent

Imperial College Healthcare NHS Trust

Defendant/applicant

Procedural Posture

Interim Application in Procurement Proceedings / Application to Lift Automatic Suspension Under Regulation 96(1)(a) of the Public Contracts Regulations 2015

Legal Issues

  1. 1 Whether the automatic suspension on contract award should be lifted under Regulation 96(1)(a) of the Public Contracts Regulations 2015
  2. 2 Whether there is a serious issue to be tried
  3. 3 Whether damages are an adequate remedy for the claimant and/or defendant

Ratio Decidendi

Damages would be an adequate remedy for Sysmex if the suspension is lifted and they succeed at trial, but damages would not be an adequate remedy for the Trust if the suspension is continued and they succeed at trial, due to the risk to patient care and significant cost savings. The balance of convenience overwhelmingly favours lifting the suspension.

Court Disposition

Application granted; automatic suspension lifted.

Orders

  • The automatic suspension on the award of the managed services contract to Abbott Laboratories Limited is lifted.