Jurisdiction(s):
United Kingdom

TCC lifts automatic suspension in NHS urgent care procurement: balance of convenience, public interest and lack of cross-undertaking decisive (One Medicare v NHS Northamptonshire ICB, England and Wales)

Published on: 31 January 2025

Published by a LexisNexis Public Law expert

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Article summary

One Medicare (trading as One Primary Care LLP) v NHS Northamptonshire Integrated Care Board [2025] EWHC 63 (TCC) What are the practical implications of this case?

The ruling underscores the ongoing success of contracting bodies in securing the removal of the automatic suspension. It restates the criteria that steer the court when confronted with applications of this sort, stressing the role of adequacy of damages, but above all the balance of convenience. While the court accepted—though with some reluctance—that damages would not adequately compensate the claimant, the claimant was unable to surmount the substantial non-financial consequences the authority would face were the suspension to remain. As a result, the balance of convenience favoured the authority and the suspension was lifted. The judgment provides helpful guidance on applying these tests in public procurement disputes, particularly where vital services, including healthcare, are at stake. It also emphasises the need to weigh commercial interests against the public interest, and illustrates the heavy evidential burden resting on claimants who seek to preserve a suspension. The court applied the approach in American Cyanamid Co (No1) v Ethicon Ltd [1975] UKHL 1, making the decision of marked relevance to practitioners across procurement and essential service contexts...

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