OpenView Security Solutions Ltd v London Borough of Merton Council [2015] EWHC 2694 (TCC), [2015] All ER (D) 01 (Oct)
The Technology and Construction Court allowed the defendant local authority’s application, under Reg 47H of the Public Contracts Regulations 2006 (SI 2006/5), to set aside the automatic suspension that had been in place since the issue of proceedings by the claimant. The court considered the application of the principles in American Cyanamid Co v Ethicon Ltd [1975] 1 All ER 504 in public procurement cases.