Manifest error in procurement not "sufficiently serious" to justify an award of damages
NHS England, represented by Fenella Morris KC and Ben Tankel, succeeded in defending a challenge to its procurement of dental services as the Court developed the law concerning the "sufficiently serious" test. Deputy High Court Judge Alexander Nissen KC, returning to the speeches of Lords Clyde and Hope in Factortame, held that the manifest error was inadvertent, made with the purpose of maximising access to those with a disability, excusable, and had no impact beyond the challenger to the procurement.
Read the full judgment here.
Fenella Morris KC and Benjamin Tankel were instructed by Sarah Whittle of Blake Morgan.