Article by Jonathan Lewis – Public Procurement – The relationship between lifting the automatic suspension and an expedited trial (Kellogg Brown & Root Ltd v Mayor’s Office for Policing and Crime and another)

Lexis Nexis PSL expert panel case analysis by Jonathan Lewis.

These proceedings arose out of a procurement conducted by the Mayor’s Office for Policing and Crime (‘MOPAC’) for a framework agreement and call-off contract for the provision of services designed to support the efficient running of MOPAC’s estate of properties. It was governed by the Public Contracts Regulations 2015 (the ‘PCR’). MOPAC applied to lift the automatic suspension. The claimant, Kellogg Brown & Root Limited (‘KBR’) applied for an expedited trial. Mrs Justice Joanna Smith decided to lift the automatic suspension. She held that damages would be an adequate remedy for KBR and that the balance of convenience favoured the lifting of the suspension. She refused the application for expedition as, on the facts of the case, it would be contrary to the overriding objective.

This article was first published by Lexis®PSL on 20 December 2021.

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