Specialists International
This Knowledge Check tests your understanding of the decision of the Technology and Construction Court in Parkingeye Limited v Velindre University NHS Trust and another [2026] EWHC 1019 (TCC). The court had to decide whether to lift the automatic suspension imposed by section 101(1) of the Procurement Act 2023, applying the new interim remedies test in section 102(2). Counsel could find no decided case in England and Wales in which the new test had received judicial consideration, so the judgment matters to every procurement practitioner working under the 2023 Act.
Parkingeye supplies car park management services, as incumbent, to Cardiff and Vale University Health Board, serving five NHS sites in Wales and roughly 59 car parks under a contract running since 5 June 2018. A procurement begun by tender notice on 4 July 2025 ended with the contract being awarded to National Parking Control Group Limited, scored at 84 per cent against Parkingeye's 68 per cent. Parkingeye issued proceedings on 19 January 2026, within the extended standstill period, triggering the statutory suspension, and the contracting bodies applied to lift it. His Honour Judge Keyser KC heard the applications in Cardiff on 22 April 2026.
The judgment analyses sections 100 to 106 of the Procurement Act 2023 against the former regime in regulations 95 and 96 of the Public Contracts Regulations 2015 and the American Cyanamid test as stated in Camelot UK Lotteries Limited v The Gambling Commission, drawing on the Green Paper, the consultation response, the Explanatory Notes and the government's Remedies guidance, together with International SOS Assistance v Secretary of State for Defence and Mak Systems Group Limited v Velindre University NHS Trust. The applications to lift the suspension were refused, on an undertaking in damages from the claimant.
- The parties, the incumbent contract and the car park management procurement
- The tender notice, the stated contract value and the award to the successful bidder
- The automatic suspension under section 101(1) of the Procurement Act 2023
- The new interim remedies test in section 102(2) and its mandatory considerations
- How the new test departs from American Cyanamid and the Camelot formulation
- The two public interest examples and how each operates
- The grounds of claim, including contracting authority identity, contract value and evaluation complaints
- Adequacy of damages where no damages claim is pleaded
- Quantification difficulty and reputational damage arguments
- The outcome, the undertaking in damages and the future conduct of the claims