American Cyanamid: You cannot be serious – John McEnroe, quantum physics and public procurement

Landmark Chambers | The Commercial Litigation Journal | July/August 2018 #80
James Neill and Chris Hoyle provide a commercial litigator’s guide to the suspension of the award of a public contract ‘This article focuses on one distinctive feature of the current public procurement regime, namely the remedy of an automatic suspension to the award of a public contract.’ Separated by only five years, there is a …

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American Cyanamid: Money isn’t everything

Bevan Brittan LLP | Procurement & Outsourcing Journal | January/February 2017 #34
Emily Heard weighs up the adequacy of damages and the lifting of the automatic suspension when profit is not the only consideration ‘The circumstances in which damages will be an adequate remedy for non-profit-making suppliers is a key issue on which there appears to be a divergence of judicial opinion.’In the recent High Court procurement …

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Injunctions: Holding the balance

Lamb Chambers (Chambers of Mark West) | Procurement & Outsourcing Journal | May/June 2016 #30
David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …

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