NHS England successfully defends procurement challenge

Judgment has today been handed down in InHealth Intelligence Limited v NHS England [2023] EWHC 352 (TCC). Hempsons LLP acted on behalf of NHS England, which was successful in defending the claim brought against it.

InHealth Intelligence Limited (“InHealth”) brought proceedings under the Public Contracts Regulations 2015, challenging a decision by NHS England that it not be permitted to submit a late bid to deliver CHIS services across four Lots, covering the Greater Manchester, Midlands and East of England regions (the value of the contracts together totalling over £100 million). InHealth had attempted to submit a bid prior to the tender deadline but, as a result of an error in uploading two of its documents for one of the Lots, and having not finalised its bid for submission until just before the deadline, was unable to do so.

InHealth challenged the design and operation of the portal, the requirement that bidders submit a single bid covering all four Lots (rather than separate bids for each Lot), and the refusal by NHS England to permit it to submit a late bid or to consider those documents which it had uploaded (but not submitted) via the portal.

Following an expedited timetable and a four day trial, the High Court found in NHS England’s favour and dismissed the claim in its entirety.

Tim Dennis, partner, Sam Stone, associate, and Liam Murray, trainee solicitor, made up the core team at Hempsons. Rhodri Williams KC of Keating Chambers and Jonathan Lewis of Monckton Chambers appeared on behalf of NHS England, instructed by Hempsons.

The full judgment can be found here Inhealth Intelligence Ltd v NHS England [2023] EWHC 352 (TCC) (20 February 2023) (bailii.org)

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