Mak Systems Group Limited v Velindre University NHS Trust [2026] EWHC 8 (TCC)

The dispute arose out of the Welsh Blood Service's procurement of a new blood establishment computer system, the body responsible for supplying blood and blood components to the NHS in Wales. The unsuccessful bidder's challenge triggered the automatic suspension, and the Trust applied to lift it. The bidder also sought an expedited trial and argued that proceeding with the winning tender created a risk to patient safety.

Mrs Justice Jefford applied the American Cyanamid principles: a serious issue to be tried, the adequacy of damages, and the balance of convenience. She treated the patient-safety argument as relevant to those questions rather than as an overriding consideration, and found that nothing in it tipped the balance in favour of keeping the suspension. The Trust's application succeeded and the suspension was lifted; the application for an expedited trial was dismissed.

The case shows that even a public-interest concern such as patient safety is weighed within the ordinary balance of convenience on an application to lift the automatic suspension, and will not by itself keep a suspension in place where damages are an adequate remedy.

Mrs Justice Jefford held at paragraph 110 that "the defendant's application succeeds and the suspension will be lifted".