Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust

Contract – Public procurement. Technology and Construction Court ruled in favour of lifting a suspension of the defendant NHS Trust's ability to enter into a managed services contract (the MSC) with a company (Abbott), in respect of pathology services. The suspension had been triggered automatically, pursuant to Regulation 95 of the Public Contracts Regulations 2015, SI 2015/102, after the claimant company brought a claim, challenging the Trust's decision to award the MSC to Abbott. The court held that the suspension should be lifted because damages would not be an adequate remedy for the Trust and, that if that was wrong, the balance of convenience overwhelmingly favoured lifting the suspension.

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