Procurement in a Nutshell: Mak Systems Group Ltd v Velindre University NHS Trust [2026] EWHC (TCC)
16th January, 2026
Procurement in a Nutshell
16th January 2026
Procurement in a Nutshell: Mak Systems Group Ltd v Velindre University NHS Trust [2026] EWHC (TCC)
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Mak Systems Group Ltd v Velindre University NHS Trust [2026] EWHC (TCC), the first procurement case of 2026 to go through the courts, showcases the granting of an automatic suspension in new procurement law challenge.
Case facts
The case was brought under the Public Contracts Regulations 2015 and it concerns a procurement by the Welsh Blood Service (WBS) regarding a new blood establishment computer system. The Claimant (MAK) had been the incumbent supplier since 2015, but was placed third in the competition. Due to this, MAK made extensive allegations regarding different types of breaches. These allegations included:
- That WBS ought to have excluded GPI (the winning bidder). This included technical arguments regarding the regulatory compliance of their bid.
- Lack of transparency.
- Failure to investigate abnormally low tenders.
- Scoring challenges (including alleged inadequate reasons for scores).
Judgements
When applying the American Cyanamid principles, the court found that damages would be an adequate remedy for MAK; however, damages would not be an adequate remedy for WBS, given their lost opportunity to introduce benefits of a new contract within the expected timescales. Consequently, the suspension was lifted.
Conclusion
This latest case demonstrates that automatic suspensions maintain a strong history of being granted. This is likely one of the last PCR 2015 cases we’ll encounter in 2026, as the new Procurement Act 2023 begins to take effect in the courts.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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