In brief: When is an expedited trial appropriate in a public procurement case? (Joseph Gleave & Son Ltd v Secretary of State for Defence)

Article summary

Public Law analysis: Daisy Mackersie, barrister at Monckton Chambers, considers the case of Joseph Gleave & Son Ltd v Secretary of State for Defence. Mr Justice Coulson sets out the principles that will be applied by the court when determining whether to order an expedited trial or a stay, and confirms that there is no presumption in favour of expedition in public procurement cases, even when the tender process is ongoing. On the facts in this case, Coulson J found that expedition was not appropriate and ordered that the matter be stayed until after the completion of the procurement—the complexity of the claim made an expedited timetable impossible and, in any event, he was not persuaded that there was sufficient urgency to outweigh the prejudice that would be caused to the defendant and the disadvantage to other court users.