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Braceurself v NHS England: Jon Holl-Allen Q.C. and Amardeep Dhillon successfully argue for the application of CPR r.6.15

5th July 2019

Jon Holl-Allen QC and Amardeep Dhillon successfully argued in Braceurself v NHS England for the application of CPR r.6.15 to regularise the email service of an issued Claim Form, in circumstances where the solicitors instructed by NHS England had not been instructed to accept service by email. The underlying dispute concerns a (second) procurement challenge to the award of an Orthodontic Tender by NHS England. The case is notable for two reasons: it is the first time that the High Court has considered the application of 6.15 in the context of the procurement regulations; and helps to clarify the established case law on when the discretion under 6.15 arises.

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