This procurement is subject to PCR2015. Using the American Cyanamid test (American Cyanamid Co v Ethicon Ltd), the Court held that damages would not adequately compensate the claiment PAL, whereas there was not enough evidence to show damages would be inadequate for the Home Office. With a fast‑tracked trial available in December, the balance of convenience favoured keeping the suspension in place. This avoids confining PAL to inadequate damages. For now, the Home Office cannot award the new contract.
It is unusual for a PCR 2015 suspension to remain in place, though recent cases—ParkingEye and commentary on Verity Healthcare—suggest the Procurement Act may be shifting the landscape. Contracting authorities should not assume suspensions will be lifted.
Although much of the case is redacted, the claimant seems to have benefited from the narrow, single‑issue nature of the claim and the availability of an expedited trial. The trial will take place in December 2026.