- ‘Stay granted in ‘Hanbury’ procurement judicial review pending decision of the Court of Appeal in ‘Public First’ proceedings’ (Good Law Project Ltd v Secretary of State for Health and Social Care)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Public Law analysis: Mr Justice Fraser granted an application by the defendant to stay a claim for judicial review of the award of a contract to the interested party, Hanbury Strategy and Communications Ltd (‘the Hanbury case’). The substantive claim raises many of the same issues as the judicial review of the contract awarded to Public First Ltd, also brought by the Good Law Project, which was granted by Mrs Justice O’Farrell on 9 June 2021 (‘the Public First case’). In particular, O’Farrell J found in favour the claimant on the issue of apparent bias arising from connections between those responsible for the award of the contract and the companies in question, a ground which also arose in the Hanbury case. On 30 June 2021 the defendant applied to the Court of Appeal for permission to appeal the decision of O’Farrell J in the Public First case. The defendant argued, and the court accepted, that the Hanbury case should be stayed until the Court of Appeal had considered the application in the Public First case and either refused permission or determined the appeal itself. Written by Siân McGibbon, barrister at 4-5 Gray’s Inn Square.
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