InHealth Intelligence Limited v NHS England

InHealth Intelligence Limited v NHS England

The court does not have the power to order a party to provide a cross-undertaking in damages as a condition of pausing a procurement competition by consent. Since the parties agreed to pause the procurement pending trial, and the Claimant did not consent to an undertaking in damages, the court would not impose one.

Parties
Claimant: InHealth Intelligence Limited; Defendant: NHS England
Jurisdiction
England and Wales
Judgment Date
06 October 2022
Procedural Posture
Procurement Challenge / Interlocutory Application for Interim Relief (suspension of Procurement)
Outcome
Procurement competition paused by consent; no order for cross-undertaking in damages against Claimant.
Legal Topics
Interim Relief, Automatic Suspension, Cross Undertaking in Damages, Expedition of Proceedings
Public Procurement Civil Procedure Interim Relief Automatic Suspension Cross Undertaking in Damages Expedition of Proceedings

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Parties

InHealth Intelligence Limited

Claimant

NHS England

Defendant

Procedural Posture

Procurement Challenge / Interlocutory Application for Interim Relief (suspension of Procurement)

Legal Issues

  1. 1 Whether the court can order a claimant to provide a cross-undertaking in damages as a condition of pausing a procurement competition by consent
  2. 2 Whether the procurement competition should be suspended pending trial on liability

Ratio Decidendi

The court does not have the power to order a party to provide a cross-undertaking in damages as a condition of pausing a procurement competition by consent. Since the parties agreed to pause the procurement pending trial, and the Claimant did not consent to an undertaking in damages, the court would not impose one.

Court Disposition

Procurement competition paused by consent; no order for cross-undertaking in damages against Claimant.

Orders

  • Procurement competition suspended until determination of substantive trial on liability or further order.