NP Aerospace Ltd v Ministry of Defence

European Union – Public procurement. The claimant company had failed in a public procurement tender conducted by the defendant Ministry of Defence. The claimant alleged an abnormally low tender and predatory pricing on the part of the winning bidder. A statutory suspension pursuant to reg 56 of the Defence and Security Public Contracts Regulations 2011, SI 2011/1848, came into effect. The Technology and Construction Court allowed the MOD's application for a lifting of the suspension as there was a serious issue to be tried, damages were an adequate remedy and the balance of convenience was in favour of the suspension being lifted.

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