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England and Wales decisions
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International Sos Assistance UK Ltd v Secretary of State for Defence [2025] EWHC 2634 (TCC) (20 October 2025)
The High Court lifted an automatic procurement suspension in a challenge over overseas military medical support contracts, but refused expedition of the trial.
The Court of Appeal held that the tender language did not create a mandatory exclusion clause and that DWP should have sought clarification of obvious pricing errors.
The inclusion of a client representative in the confidentiality ring is necessary for fairness and informed litigation in procurement challenges, and the risk of commercial harm is sufficiently mitigated by undertakings. The authorities establish that exclusion of party representatives is exceptional and not justified in this case.
Source excerpt
Braceurself Ltd v NHS England (No 2 - Substantive Appeal) [2024] EWCA Civ 39 (30 January 2024)
The Court of Appeal dismissed a procurement damages appeal, holding that a wrongful award of the contract is not by itself enough for Francovich damages.
Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2023] EWHC 2768 (TCC) (06 November 2023)
The High Court dismissed Siemens’ procurement challenge to HS2’s rolling stock award, upholding the tender evaluation, discretion, and conflict-of-interest analysis.
The court refused Siemens’ application for expert evidence in an HS2 procurement challenge, finding the technical issues could be handled without experts.
Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2022] EWHC 2190 (TCC) (17 August 2022)
The High Court refused Siemens permission to rely on expert evidence in its procurement challenge against HS2, holding the pleaded issues could be resolved without it.
A procurement challenge over orthodontic services partly succeeded: the court found one manifest error in marking the claimant’s accessibility bid, but rejected the other transparency and equal-treatment complaints.
Procurement challenge struck out after the court refused to extend time. The judge held the delay was caused by a mistaken view of standstill, not a good reason.
Access for Living v London Borough of Lewisham [2021] EWHC 3498 (TCC) (23 December 2021)
Procurement challenge struck out as time-barred after the court refused an extension of time under Regulation 92 of the Public Contracts Regulations 2015.
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