Parkingeye Ltd v Velindre University NHS Trust & Anor [2026] EWHC 1019 (TCC) (01 May 2026)

Parkingeye Ltd v Velindre University NHS Trust & Anor [2026] EWHC 1019 (TCC) (01 May 2026)

The statutory test under s.102(2) Procurement Act 2023 requires the court to balance the public interest (including upholding lawful procurement and avoiding delay in public services) and the interests of suppliers, with no presumption in favour of either. The adequacy of damages is no longer determinative. On the facts, the public interest in lawful procurement and the absence of compelling evidence of serious public service disruption meant the suspension should not be lifted.

Citation
[2026] EWHC 1019 (TCC)
Parties
Claimant / Respondent: ParkingEye Limited; Defendant / Applicant: Velindre University NHS Trust; Defendant / Applicant: Cardiff and Vale University Health Board
Jurisdiction
England and Wales
Judgment Date
01 May 2026
Procedural Posture
Interim Application in Procurement Claim / Application to Lift Automatic Suspension Under S.102(2) Procurement Act 2023
Outcome
Application to lift the automatic suspension refused
Legal Topics
Automatic Suspension, Interim Remedies, Procurement Act 2023, Public Contract Award, Adequacy of Damages, Public Interest Balancing
Public Procurement Administrative Law Automatic Suspension Interim Remedies Procurement Act 2023 Public Contract Award Adequacy of Damages Public Interest Balancing

Case Brief

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Parties

ParkingEye Limited

Claimant / Respondent

Velindre University NHS Trust

Defendant / Applicant

Cardiff and Vale University Health Board

Defendant / Applicant

Procedural Posture

Interim Application in Procurement Claim / Application to Lift Automatic Suspension Under S.102(2) Procurement Act 2023

Legal Issues

  1. 1 Whether the automatic suspension on contract award should be lifted under s.102(2) of the Procurement Act 2023
  2. 2 How the new statutory test under s.102(2) differs from the previous American Cyanamid test
  3. 3 How the public interest and supplier interests should be balanced in procurement interim relief

Ratio Decidendi

The statutory test under s.102(2) Procurement Act 2023 requires the court to balance the public interest (including upholding lawful procurement and avoiding delay in public services) and the interests of suppliers, with no presumption in favour of either. The adequacy of damages is no longer determinative. On the facts, the public interest in lawful procurement and the absence of compelling evidence of serious public service disruption meant the suspension should not be lifted.

Court Disposition

Application to lift the automatic suspension refused

Orders

  • The automatic suspension under s.101(1) Procurement Act 2023 remains in place pending determination of the substantive claim.
  • Case management conference to be held on 1 June 2026 for further directions.