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The Application to Lift the Automatic Suspension Succeeds
The Application to Lift the Automatic Suspension Succeeds
In the Medequip case Eyre J. said:
If damages will be an adequate remedy for a claimant or if it is just to confine the claimant to that remedy then that will normally be the end of the matter and save in exceptional circumstances the suspension will be lifted.
In my judgment, there are no exceptional circumstances in this case to justify departure from the normal course given my conclusion as to the adequacy of damages as a remedy.
Accordingly, OGL’s application to lift the suspension succeeds.
- Heading
- Mr Roger ter Haar KC
- The Parties
- The Procurement
- THE LAW
- The Conflicts Challenge: the Law
- The Scoring Challenge: The Law
- Is there a serious issue to be tried?
- Are damages an adequate remedy for the Claimant?
- The Application to Lift the Automatic Suspension Succeeds
- The Claimant’s Application for Disclosure
- The Law: Disclosure
- Conclusions