Solent NHS Trust v Hampshire County Council

Citation: [2015] EWHC 457 (TCC)

The TCC lifted an automatic suspension on the placing of a new contract by Hampshire County Council (“Hampshire CC”) for adult substance misuse recovery services. The procurement process had been challenged by the incumbent supplier of the services, Solent NHS Trust (“Solent”), following alleged errors in the evaluation of the tenders. It was conceded by Hampshire CC that there was a serious issue to be tried but the court found, in relation to the issues in dispute, that damages would be an adequate remedy for Solent and the balance of convenience lay in favour of lifting the suspension. This would ensure that service users (vulnerable drug and alcohol addicts in Hampshire) would benefit sooner from the more fully integrated and improved services envisaged by the new contract. The court’s concern, should the suspension be maintained, was for inevitable delays in making the new services available to users, even with an expedited trial.

Link to Judgment

Counsel: Sarah Hannaford QC appeared on behalf of the Claimant.

Counsel

Sarah Hannaford QC

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