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High Court, in proceedings brought by a disappointed bidder challenging the award of a public contract for interpretation services in the State’s immigration authorities and in the Legal Aid Board, grants the Minister for Public Expenditure an order lifting the automatic suspension of the execution of a contract for these services, on the grounds that the disappointed bidder did not discharge the onus of establishing that damages would not be an adequate remedy.
Review of award of public contract – European law - award of a public contract for interpretation services in the State’s immigration authorities and in the Legal Aid Board – Minister for Public Expenditure seeking an order lifting the automatic suspension of the execution of a contract for these services due to a legal challenge brought to the award of the contract – tender process –preferred bidder identified – disappointed bidder issued proceedings challenging the award of the contract – statutory framework - Remedies Regulations - guiding principles to applications of this kind - court must apply the test appropriate for interlocutory injunction applications - availability of damages in public procurement cases – adequacy of damages - onus of proof rests upon the disappointed bidder to justify the continuation of the suspension - fair issue to be tried established – damages for loss of profits capable of being assessed - reputational damage – loss of staff – disappointed bidder has not discharged the onus of establishing that damages would not constitute an adequate remedy in this case.
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