OpenView Security Solutions Ltd v London Borough of Merton Council

Public procurement – Public contracts. The Technology and Construction Court allowed the defendant local authority's application, under reg 47H of the Public Contracts Regulations 2006, SI 2006/5, to set aside the automatic suspension that had been in place since the issue of proceedings by the claimant. The court considered the application of the principles in American Cyanamid Co v Ethicon Ltd ([1975] 1 All ER 504) in public procurement cases.

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