Edenred (UK Group) Ltd, R (on the application of) v HM Treasury & Ors

Edenred (UK Group) Ltd, R (on the application of) v HM Treasury & Ors

The automatic suspension should not be lifted because there is a serious issue to be tried regarding the lawfulness of the procurement arrangements, 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.

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 / Interlocutory Application to Lift Automatic Suspension Pending Expedited Trial
Outcome
Application to lift automatic suspension refused; suspension to remain in place until trial.
Legal Topics
Automatic Suspension Under Procurement Regulations, Interim Relief, Balance of Convenience, Public Interest in Procurement Processes
Public Procurement Administrative Law Automatic Suspension Under Procurement Regulations Interim Relief Balance of Convenience Public Interest in Procurement Processes

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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 / Interlocutory Application to Lift Automatic Suspension Pending Expedited Trial

Legal Issues

  1. 1 Whether the automatic suspension under Regulation 47G of the Public Services Regulations 2006 should be lifted pending trial
  2. 2 Whether damages would be an adequate remedy for the claimant if the suspension is lifted
  3. 3 Whether the balance of convenience and public interest favour maintaining or lifting the suspension

Ratio Decidendi

The automatic suspension should not be lifted because there is a serious issue to be tried regarding the lawfulness of the procurement arrangements, 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 automatic suspension refused; suspension to remain in place until trial.

Orders

  • The automatic suspension under Regulation 47G of the Public Services Regulations 2006 shall remain in place until the conclusion of the expedited trial.