Jurisdiction(s):
United Kingdom

Procurement: TCC (England and Wales) holds damages adequate and lifts automatic suspension; ‘sufficiently serious’ breach test not for interim stage (Millbrook Healthcare v Devon CC)

Published on: 24 June 2025

Published by a LexisNexis Public Law expert

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Article summary

Millbrook Healthcare Ltd v Devon County Council [2025] EWHC 744 (TCC) What are the practical implications of this case?

Millbrook contended that removing the automatic suspension would damage its reputation, diminish its capacity to compete in later procurements, and erode market share, so that an award of damages would not be an adequate remedy in the circumstances as they stood. Notably, in open correspondence at the time Millbrook stated it would agree to the suspension being lifted if Devon County Council acknowledged that each pleaded breach of duty, if established at trial, would be sufficiently serious to merit an award of damages. The TCC was therefore asked to decide whether, at the interim stage of the proceedings, judges can meaningfully evaluate the chance of a claimant being left without an effective remedy by the time of trial. Put differently, the seriousness of any breach was a distinct issue overall when considering whether damages would adequately compensate at trial. On this, Devon County Council declined to concede that any breach had occurred and, in contrast, argued before the TCC that the replacement contract would bring substantial benefits to vulnerable service users dependent on the care provision. They asserted that postponing the...

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