Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group & Anor

Damages are an adequate remedy for the Trust, the balance of convenience does not support maintaining the automatic suspension, and the status quo favours allowing the CCGs to contract with Virgin Care. The Trust's arguments regarding public interest and its not-for-profit status do not justify injunctive relief.

Parties: Claimant: Kent Community Health NHS Foundation Trust; Defendant: NHS Swale Clinical Commissioning Group; Defendant: NHS Dartford, Gravesham and Swanley
Jurisdiction: England and Wales
Judgment Date: 27 May 2016
Procedural Posture: Application / Ruling on Application to Set Aside Automatic Suspension
Outcome: Application to set aside automatic suspension granted
Legal Topics: Interim Injunctions, Adequacy of Damages, Balance of Convenience, Public Interest, Automatic Suspension

Public Procurement Contract Law Interim Injunctions Adequacy of Damages Balance of Convenience Public Interest Automatic Suspension

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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1

Parties

Kent Community Health NHS Foundation Trust

Claimant

NHS Swale Clinical Commissioning Group

Defendant

NHS Dartford, Gravesham and Swanley

Defendant

Procedural Posture

Application / Ruling on Application to Set Aside Automatic Suspension

Legal Issues

1 Whether damages are an adequate remedy for the Trust
2 Whether the balance of convenience favours lifting the automatic suspension
3 The role of public interest in procurement disputes

Ratio Decidendi

Court Disposition

Application to set aside automatic suspension granted

Orders

Automatic suspension lifted
CCGs permitted to contract with Virgin Care for provision of services