Practice Plus Group Health and Rehabilitation Services Limited v NHS Commissioning Board

Practice Plus Group Health and Rehabilitation Services Limited v NHS Commissioning Board

Damages are an adequate remedy for the claimant; the harm alleged by the claimant is speculative, remote, or quantifiable, and does not justify maintaining the automatic suspension. The defendant's inability to discharge public functions and improve healthcare services if suspension remains cannot be compensated in damages, and the balance of convenience strongly favours lifting the suspension.

Parties
Claimant: Practice Plus Group Health and Rehabilitation Services Limited; Defendant: NHS Commissioning Board
Jurisdiction
England and Wales
Judgment Date
20 July 2022
Procedural Posture
Procurement Challenge / Interlocutory Application to Lift Automatic Suspension
Outcome
Application granted; automatic suspension lifted.
Legal Topics
Automatic Suspension, Adequacy of Damages, Balance of Convenience, Interim Relief
Public Procurement Contract Law Automatic Suspension Adequacy of Damages Balance of Convenience Interim Relief

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Parties

Practice Plus Group Health and Rehabilitation Services Limited

Claimant

NHS Commissioning Board

Defendant

Procedural Posture

Procurement Challenge / Interlocutory Application to Lift Automatic Suspension

Legal Issues

  1. 1 Whether the automatic suspension on contract making should be lifted under regulation 96(1) of the Public Contracts Regulations 2015
  2. 2 Adequacy of damages as a remedy for the claimant
  3. 3 Adequacy of damages as a remedy for the defendant

Ratio Decidendi

Damages are an adequate remedy for the claimant; the harm alleged by the claimant is speculative, remote, or quantifiable, and does not justify maintaining the automatic suspension. The defendant's inability to discharge public functions and improve healthcare services if suspension remains cannot be compensated in damages, and the balance of convenience strongly favours lifting the suspension.

Court Disposition

Application granted; automatic suspension lifted.

Orders

  • Automatic suspension on contract making under regulation 95(1) is lifted in respect of lots 3 and 4.