Judge lifts automatic suspension barring HMCTS from awarding cyber security service contract

The claimant in Cyberfort Ltd v Lord Chancellor on Behalf of HM Courts and Tribunals Service [2026] EWHC 1760 (TCC) has been the incumbent provider of cyber security services to HMCTS for almost six years since September 2020. A contract was entered into for these services in 2024 (the existing contract).

A new contract for the provision of further managed cyber security services was subsequently procured and awarded to Accenture in January this year.

The effect of Cyberfort’s claim was to trigger the automatic suspension under regulation 95 of the Public Contracts Regulations 2015 ("PCR 2015”).

HMCTS subsequently applied to lift the suspension.

Adrian Williamson KC, sitting as a Deputy High Court judge, concluded:

1. There was a serious issue to be tried;
2. Damages would be an adequate remedy for Cyberfort if the suspension were lifted and they succeeded at trial, so that it was just in all the circumstances that they should be confined to a remedy of damages;
3. Damages would not be an adequate remedy for HMCTS if the suspension remained in place and they succeeded at trial;
4. The balance of convenience lay in favour of lifting the suspension.

The suspension was therefore ended with immediate effect.