First Court Guidance on Automatic Suspensions under Procurement Act 2023: A sea change in approach? - DWF

The Courts have now provided the first judicial guidance on interim remedies under section 102 of the Procurement Act 2023, potentially marking a significant shift in how applications to lift the automatic suspension will be approached under the new regime.

In ParkingEye Limited v Velindre University NHS Trust and Cardiff and Vale University Health Board, the Court confirmed that the section 102 test is materially different from the American Cyanamid test, placing much greater emphasis on the public interest in ensuring public contracts are awarded in accordance with the law than was previously the case. Importantly, the Court concluded that the balance of interests favoured maintaining the automatic suspension despite finding that damages would have been an adequate remedy for the Claimant.

In this 60 minute webinar, DWF and the Counsel team who represented the Claimant will analyse the judgment in detail and explore what it means in practice for both contracting authorities and suppliers. We will consider when the Courts may be willing to lift a suspension, what evidence is likely to be required to demonstrate a persuasive countervailing public interest, and how this decision may affect procurement timelines, risk management and litigation strategy going forward.

The session will help public bodies understand how to navigate procurement challenges under the Procurement Act 2023 following this landmark ruling.

Key topics will include:

• The new section 102 statutory test and how it differs from the American Cyanamid approach
• Role of the public interest, adequacy of damages and service continuity in suspension applications
• What contracting authorities may need to evidence to justify lifting a suspension
• Practical implications for procurement planning, standstill strategy and dispute risk
• Q&A – an opportunity for you to ask questions and share thoughts