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Clifford Chance

Clifford Chance


Computer says no—challenge to UK public procurement exclusion dismissed (Inhealth Intelligence Ltd v NHS England)

30 May 2023

Lexis Nexis PSL expert panel case analysis by Andrew Dean and Oliver Carroll

Inhealth Intelligence Ltd (IIL) challenged a decision by NHS England (NHSE) to exclude it from a Child Health Information Services procurement, on the basis that IIL had failed to submit a compliant tender on NHSE’s designated e-tendering portal (InTend) before the tender submission deadline. Adam Constable KC, sitting as a deputy High Court Judge, dismissed the claim, finding that the errors rendering IIL’s tender non-compliant were ‘squarely’ IIL’s fault, and that NHSE’s strict application of its clearly stated rules was appropriate and lawful in the circumstances.

This article was first published by Lexis®PSL on 13 March 2023.

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