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 balance of convenience and public interest favours maintaining the automatic suspension until trial, as damages would not be an adequate remedy for the claimant and the public interest in lawful procurement outweighs the detriment of a short delay in implementing the TFC scheme.

Citation
[2014] EWHC 3555
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 Application to Lift Automatic Suspension Pending Expedited Trial
Outcome
Application to lift the automatic suspension refused; suspension remains in place until trial.
Legal Topics
Automatic Suspension Under Public Contracts Regulations, Interim Relief, Balance of Convenience, Public Interest in Procurement, Tendering Requirements
Public Procurement Administrative Law Automatic Suspension Under Public Contracts Regulations Interim Relief Balance of Convenience Public Interest in Procurement Tendering Requirements

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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 Application to Lift Automatic Suspension Pending Expedited Trial

Legal Issues

  1. 1 Whether the arrangements for administering the Tax Free Childcare scheme require a public tender under the Public Services Regulations 2006
  2. 2 Whether the use of Atos constitutes a material variation of an existing contract requiring a new tender
  3. 3 Whether the automatic suspension on contracting should be lifted pending trial

Ratio Decidendi

The balance of convenience and public interest favours maintaining the automatic suspension until trial, as damages would not be an adequate remedy for the claimant and the public interest in lawful procurement outweighs the detriment of a short delay in implementing the TFC scheme.

Court Disposition

Application to lift the automatic suspension refused; suspension remains in place until trial.

Orders

  • Automatic suspension under Regulation 47G to remain in force until conclusion of the expedited trial.