InHealth Intelligence Ltd v NHS England [2022] EWHC 2471 (TCC) (06 October 2022)

InHealth Intelligence Ltd v NHS England [2022] EWHC 2471 (TCC) (06 October 2022)

The court held that it 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. Such an undertaking can only be required as a condition of granting interim relief, not as a standalone order. Since the parties agreed to pause the procurement by consent and the Claimant did not agree to provide an undertaking, the court refused to impose one.

Citation
[2022] EWHC 2471 (TCC)
Parties
Claimant: InHealth Intelligence Limited; Defendant: NHS England
Jurisdiction
England and Wales
Judgment Date
06 October 2022
Procedural Posture
Procurement Challenge / Interim Relief Application; Directions Hearing
Outcome
Application for cross-undertaking in damages refused; procurement competition paused by consent until substantive trial on liability.
Legal Topics
Interim Relief, Automatic Suspension, Cross Undertaking in Damages, Expedition of Trial, Court Powers in Procurement Cases
Public Procurement Civil Procedure Interim Relief Automatic Suspension Cross Undertaking in Damages Expedition of Trial Court Powers in Procurement Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

InHealth Intelligence Limited

Claimant

NHS England

Defendant

Procedural Posture

Procurement Challenge / Interim Relief Application; Directions Hearing

Legal Issues

  1. 1 Whether the court can order a party 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 paused pending trial
  3. 3 Appropriate use of expedition and realistic trial estimates in procurement litigation

Ratio Decidendi

The court held that it 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. Such an undertaking can only be required as a condition of granting interim relief, not as a standalone order. Since the parties agreed to pause the procurement by consent and the Claimant did not agree to provide an undertaking, the court refused to impose one.

Court Disposition

Application for cross-undertaking in damages refused; procurement competition paused by consent until substantive trial on liability.

Orders

  • Procurement competition paused by consent until determination of substantive trial on liability or further order.
  • No order requiring Claimant to provide cross-undertaking in damages.