NATS (Services) Ltd v Gatwick Airport Ltd & anor [2014] EWHC 3133 (TCC) – Law Journals

Injunctions: Holding the balance

David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …

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Update: Suspended in mid-air

Helen Prandy considers the lessons to be learned from NATS ‘2014 was an interesting year for automatic suspensions: a year in which we finally saw the English courts keeping the automatic suspension in place to trial.’Although this sounds like the headline every holidaymaker dreads as they head for ski slopes or some winter sunshine, it …

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Practice: In suspense

John Houlden and Richard Binns report on Edenred ‘The English courts are now perhaps more willing to maintain automatic suspensions than they have been in the past, particularly if there is a swift expedited trial, providing more balance to potential challengers.’The English High Court has stayed another contract award, perhaps indicating an increased willingness to …

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ADR: Oil on troubled waters

John Sykes looks at the myths and reality of mediation and the public sector ‘Whereas a judgment is public and invariably receives widespread attention, a mediated settlement will usually remain confidential and be better suited to shielding the authority from public criticism.’I first represented a client in a mediation in 1999. It was all about …

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Regulation: Calling a halt

Julie Hamilton investigates challenges under the Public Contracts (Scotland) Regulations 2012 ‘This is the latest in what is now a significant number of Scottish cases which have affirmed the difficulty a challenging bidder faces in convincing a court to maintain a suspension preventing a contracting authority from entering into a contract following a procurement challenge.’Under …

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Dispute Resolution: Time, tide and procurement

Helen Prandy charts the rise and fall of English common law principles in procurement challenges ‘Certainly those urging the English courts not to lift an automatic suspension relied heavily on the wording of the Remedies Directive and the OCS case.’All in all, 2014 was an interesting year for those involved in procurement disputes, with several …

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Update: Playing by the rules

Deborah Ramshaw and Emma Dewar outline two recent cases of note for practitioners ‘In applying the American Cyanamid principles, the court concluded that there was a serious issue to be tried, damages would not be an adequate remedy, and the balance of convenience lay in favour of not lifting the suspension.’October 2014 has seen two …

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