By Paul Emanuelli

In its July 2017 decision in Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust, the High Court of Justice of England and Wales lifted a temporary injunction against the award of a pathology services contract. The court lifted the injunction after finding that the bidder failed to show that it would suffer irreparable harm if it lost the bidding process. The court also found that lost profit damages would be an adequate compensation if the bidder ultimately proved its case in court and that the balance of convenience favoured the government since “patients may suffer, even die, if the suspension is not lifted.”