Judge lifts automatic suspension of £400m framework agreement for community equipment services for London boroughs

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A High Court judge has lifted the automatic suspension of a £400m framework agreement being let by 21 London boroughs and other public bodies relating to the provision of community equipment services.

Details: 28.Dec.2022

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According to barristers’ chambers 11KBW, the contract is said to be the largest of its type in Europe.

The set said that Mr Justice Eyre had held in Medequip Assistive Technology Limited v Royal Borough of Kensington and Chelsea [2022] EWHC 3293 (TCC) that:

damages would not be an adequate remedy for the claimant due to potential difficulties in quantifying losses arising from allegations of undisclosed criteria, but
the balance of convenience decisively favoured the lifting of the suspension.

11KBW said: “The Court’s judgment provides important guidance on the legal principles applicable to applications to lift automatic suspensions in procurement disputes, in particular in relation to the correct approach to various elements of the balance of convenience analysis.”

A copy of the judgment can be found here.

Joseph Barrett of 11KBW was sole counsel for the successful defendant, Royal Borough of Kensington and Chelsea.

Jason Coppel KC, also of 11KBW, appeared for the Interested Party, NRS.