Indigo Services (UK) Ltd v The Colchester Institute Corporation

Indigo Services (UK) Ltd v The Colchester Institute Corporation

The balance of irremediable prejudice clearly favours lifting the standstill, as the prejudice to the College and public interest from inability to provide cleaning services outweighs the prejudice to Indigo, and damages are not an intrinsically adequate remedy but are sufficient in the circumstances. The claimant's chance of success at trial is low, and the defects in the tender process are unlikely to have caused more than a minimal loss of chance.

Parties
Claimant/respondent: Indigo Services (UK) Limited; Defendant/applicant: The Colchester Institute Corporation
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Interim Application in Public Procurement Dispute / Application to Lift Automatic Suspension (standstill) Under Regulation 47 G(1) of the Public Contracts Regulations 2006
Outcome
Application granted; automatic suspension lifted
Legal Topics
Interim Injunctions, Automatic Suspension, Tender Evaluation, Remedies for Breach of Procurement Regulations
Public Procurement Contract Law Interim Injunctions Automatic Suspension Tender Evaluation Remedies for Breach of Procurement Regulations

Case Brief

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Parties

Indigo Services (UK) Limited

Claimant/respondent

The Colchester Institute Corporation

Defendant/applicant

Procedural Posture

Interim Application in Public Procurement Dispute / Application to Lift Automatic Suspension (standstill) Under Regulation 47 G(1) of the Public Contracts Regulations 2006

Legal Issues

  1. 1 Whether the automatic suspension (standstill) on contract award should be lifted under regulation 47H(1)(a) of the Public Contracts Regulations 2006
  2. 2 Whether the claimant has a serious issue to be tried regarding breach of procurement regulations and loss of a non-fanciful chance
  3. 3 Whether damages would be an adequate remedy for the claimant

Ratio Decidendi

The balance of irremediable prejudice clearly favours lifting the standstill, as the prejudice to the College and public interest from inability to provide cleaning services outweighs the prejudice to Indigo, and damages are not an intrinsically adequate remedy but are sufficient in the circumstances. The claimant's chance of success at trial is low, and the defects in the tender process are unlikely to have caused more than a minimal loss of chance.

Court Disposition

Application granted; automatic suspension lifted

Orders

  • The standstill (automatic suspension) under regulation 47G(1) is lifted, permitting the College to sign the contract with Emprise.