PPE procurement ‘VIP lane’ breached obligation of equal treatment under PCR 2015 (R (Good Law Project and Every Doctor) v Secretary of State for Health and Social Care)

Article summary

Public Law analysis: The Good Law Project Ltd and Every Doctor Ltd sought judicial review of decisions made by the Secretary of State for Health and Social Care to make direct awards pursuant to regulation 32(2)(c) of the Public Contracts Regulations 2015 (PCR 2015) of contracts for the supply of personal protective equipment (PPE) to the Interested Parties (‘Pestfix’, ‘Clandeboye’, and ‘Ayanda’). The procurement opportunities offered by PestFix and Ayanda were allocated to a novel high priority or ‘VIP’ lane which the defendant had established in the early stages of the coronavirus (COVID-19) pandemic to handle offers from potential suppliers referred directly by ministers, MPs, and senior officials. Mrs Justice O’Farrell held that the operation of the VIP lane breached the principle of equal treatment under PCR 2015 as there was no objective basis to justify the preferential treatment (in the form of...