Cyberfort Limited v The Lord Chancellor on behalf of HM Courts and Tribunals Service [2026] EWHC 1760 (TCC)

The commencement of Cyberfort's procurement challenge triggered an automatic suspension preventing HMCTS from entering the new contract. HMCTS applied to lift the suspension so that it could proceed with the award while the claim continued.

The judge accepted that there was a serious issue to be tried, then weighed where the balance lay pending trial. He concluded that damages would be an adequate remedy for the disappointed bidder and that the wider interests favoured allowing the contract to be entered, so the suspension should be ended. He acceded to the application with immediate effect.

The case is a further illustration of how the courts hold the balance on applications to lift the automatic suspension: a serious issue to be tried is only the starting point, and where damages will adequately compensate the challenger the contract will usually be allowed to proceed.

The judge held at paragraph 41: "I would accede to HMCTS's application so that the Suspension is ended with immediate effect".