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High Court, in proceedings challenging the public procurement process leading to the award of a contract for the implementation and operation of a blood laboratory at a Dublin hospital: (1) refuses application by company (and challenger to the constitutionality of the process by which a suspension of a contract award may be lifted) to stay the operation of a regulation permitting the hospital to apply to court to lift a 'suspension' of the award as damages are an adequate remedy; and (2) grants order lifting such 'suspension', on the grounds of sworn evidence provided to the court that patients' safety will be put at risk if the award of the contract is not permitted to proceed.
Commercial - procurement process - challenge, by incumbent, to award of contract to notice party for implementation and operation of blood science laboratory at hospital - alleged existence of undisclosed award criteria - suspension of contract award by operation of European Regulation - urgent application by hospital to lift suspension - applicant company's challenge to constitutionality of regulation permitting court to order conclusion of contract award - whether court would put a stay on operation of domestic legal regulation by reason of the constitutional challenge - stay would have effect of depriving hospital of opportunity to lift suspension - interlocutory stage of proceedings - evidence in favour of a stay must be overwhelming - damages are an adequate remedy pending constitutional challenge - purely commercial contract - loss of profits - significant weight attached to prima facie validity of statutory instrument - application by hospital to lift suspension - acceptance by hospital that applicant has established a fair issue to be tried - negative impact on patients from delay in signing laboratory contract - damages an inadequate remedy - balance of convenience - sworn evidence of patients at risk - suspension to be lifted - refusal of injunction to applicant.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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