Counted4 CIC v Sunderland City Council
Citation:  EWHC 3898 (TCC)
Nature of case:
In this case, Counted4, an incumbent provider of substance misuse services to the Council, was unsuccessful in a tender for a new service model. It issued proceedings alleging that a member of the Council’s evaluation team had a conflict of interest by virtue of him being criticised by Counted4 in his role as contract manager and alleging scoring errors. The Council made an application to lift the automatic suspension which was heard on 16 December 2015. The Hon Lady Justice Carr rejected arguments that the case raised no serious issue and that the consequences of lifting the suspension would be that Counted4 would lose its workforce under TUPE regulations and be unable to continue its claim. The Judge found on the evidence presented that this consideration was not outweighed by any risks in the current system to the interests of service users. The suspension was maintained on the basis of a cross undertaking limited to certain identified costs.
Counsel: Simon Taylor appeared on behalf of the Defendant.