Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust
Damages are an adequate remedy for Sysmex, but not for the Trust, as continued suspension would adversely affect patient care and financial savings; balance of convenience overwhelmingly favours lifting the suspension.
- Parties
- Claimant/respondent: Sysmex (UK) Limited; Defendant/applicant: Imperial College Healthcare NHS Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 21 July 2017
- Procedural Posture
- Procurement Dispute / Application to Lift Automatic Suspension
- Outcome
- Application to lift automatic suspension granted
- Legal Topics
- Automatic Suspension, Adequacy of Damages, Balance of Convenience, Interim Injunctions, Public Contracts Regulations 2015
Case Brief
Summary, issues, holding and outcome
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Parties
Sysmex (UK) Limited
Claimant/respondent
Imperial College Healthcare NHS Trust
Defendant/applicant
Procedural Posture
Procurement Dispute / Application to Lift Automatic Suspension
Legal Issues
- 1 Whether there is a serious issue to be tried
- 2 Whether damages are an adequate remedy for Sysmex
- 3 Whether damages are an adequate remedy for the Trust
Ratio Decidendi
Damages are an adequate remedy for Sysmex, but not for the Trust, as continued suspension would adversely affect patient care and financial savings; balance of convenience overwhelmingly favours lifting the suspension.
Court Disposition
Application to lift automatic suspension granted
Orders
- Automatic suspension under Regulation 95 of the Public Contracts Regulations 2015 is lifted
- The Trust may proceed to enter into the managed services contract with Abbott Laboratories Limited
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