Council fails to have automatic suspension after procurement challenge lifted

A local authority has failed in a bid to have the automatic suspension on the award of a contract for domestic abuse support services lifted following a procurement challenge, it has been reported.

Bristol Missing Link Limited launched judicial review proceedings against Bristol City Council last month after its bid for funding was unsuccessful.

The local authority had chosen to fund a national organisation based in London instead.

Bristol Missing Link’s legal challenge meant that – under reg. 47G of the Public Contracts Regulations 2006 – an automatic suspension of the contract award was triggered.

The city council then applied under reg 47H  to the High Court to have that suspension lifted.

However, according to 11KBW, Mr Justice Coulson this week rejected the application.

Commenting on the ruling, 11KBW said: “The judgment is a further addition to the recent line of authorities in which the Courts have been prepared to maintain the automatic suspension in an EU procurement dispute until full trial.

“The decision shows that interim relief can be maintained in such cases even if the subject-matter of the contract relates to social welfare/health related services: compare the recent judgment of Akenhead J in Solent NHS Trust v Hampshire County Council [2015] EWHC 457.”

Jason Coppel QC and Joseph Barrett of 11KBW acted for the successful claimant, Bristol Missing Link Limited, instructed by Bevan Brittan. Barrett also acted for the successful defendant, Hampshire County Council, in the Solent NHS Trust case.