Procurement-process breaches must be “sufficiently serious” | Rob Harkavy

The Court of Appeal has rejected Braceurself’s appeal against NHS England for damages over losing a GBP 32.7 million contract over a scoring error in the procurement process. It upheld the High Court’s 2019 ruling that the error was not “sufficiently serious” to warrant damages. The error caused Braceurself, an orthodontic service provider, to receive a lower score, leading to its loss of the contract by a 2.25% margin.