In a judgment handed down in R (Good Law Project) v Secretary of State for Health and Social Care (“Abingdon”)  EWHC 2468 (TCC) on 7 October 2022, Mr Justice Waksman has dismissed Good Law Project Limited’s challenge to DHSC’s decisions to enter into contracts for antibody testing during the height of the Covid-19 Pandemic.
Good Law Project had challenged the decision by DHSC to enter into public contracts with a company called Abingdon Health Plc to develop and manufacture lateral flow anti-body tests. The decision was challenged on the grounds of GLP’s challenge was on the following grounds: (i) breach of the equal treatment and transparency obligations; (ii) rationality; (iii) apparent bias, conflict of interest, unlawful nationality preference; and (iv) unlawful State aid. Those claims were dismissed in their entirety. The Court also found that Good Law Project lacked standing to bring any of the claims.
Niamh Cleary appeared on behalf of the Secretary of State, successfully defending the challenge.
A copy of the judgment can be found here.