Group M UK Ltd v Cabinet Office

Group M UK Ltd v Cabinet Office

There is no serious issue to be tried regarding the lawfulness of the procurement process or the sustainability of Carat's pricing. The American Cyanamid approach is consistent with the Remedies Directive. Damages would be an adequate remedy for Group M, and the balance of convenience and public interest strongly favour lifting the statutory suspension to allow the contract to proceed.

Parties
Claimant: Group M UK Limited; Defendant: Cabinet Office; Interested Party: Carat (Dentsu Aegis Network Ltd)
Jurisdiction
England and Wales
Judgment Date
05 November 2014
Procedural Posture
Public Procurement Judicial Review / Interlocutory Application to Lift Statutory Suspension
Outcome
Statutory suspension lifted
Legal Topics
Statutory Suspension, Remedies Directive, Tender Evaluation, Adequacy of Damages, Balance of Convenience
Public Procurement Administrative Law Statutory Suspension Remedies Directive Tender Evaluation Adequacy of Damages Balance of Convenience

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Parties

Group M UK Limited

Claimant

Cabinet Office

Defendant

Carat (Dentsu Aegis Network Ltd)

Interested Party

Procedural Posture

Public Procurement Judicial Review / Interlocutory Application to Lift Statutory Suspension

Legal Issues

  1. 1 Whether the statutory suspension on contract award should be lifted under the Public Contracts Regulations
  2. 2 Whether the American Cyanamid principles apply to applications to lift suspension in procurement cases
  3. 3 Whether there is a serious issue to be tried regarding the lawfulness of the procurement process

Ratio Decidendi

There is no serious issue to be tried regarding the lawfulness of the procurement process or the sustainability of Carat's pricing. The American Cyanamid approach is consistent with the Remedies Directive. Damages would be an adequate remedy for Group M, and the balance of convenience and public interest strongly favour lifting the statutory suspension to allow the contract to proceed.

Court Disposition

Statutory suspension lifted

Orders

  • The statutory suspension on the placing of the framework contract is lifted.