The PPE Fiasco

More details of PPE fiasco that left hundreds of doctors and nurses dead are starting to emerge.

Whilst our EU partners were putting together emergency procurement arrangements in late January, it wasn’t until March that Government put together an emergency scheme to protect our doctors and nurses and care workers.

By then the global market for PPE had tightened considerably and Government was having to play catch up – ditching the normal rules that secure good value for public money and which guard against corruption in the process. On 27 March Government opened its portal inviting tenders for PPE on the gov.uk website and received 24,000 offers from 16,000 suppliers.  It has spent – and this is the Treasury’s own figure – a staggering £15 billion​. And, surprisingly, three of the biggest beneficiaries were companies specialising in pest control, a confectionery wholesaler and an opaque private fund owned through a tax haven.

Why? We do not know. And Government is not helping – it has ignored the usual rule that contracts should be published within 20 days.

But Good Law Project, working with EveryDoctor, means to find out. Our intention is to pursue judicial review claims in respect of the Pestfix, Clandeboye and Ayanda contracts. But we will keep these contracts under review – and we may substitute others if better examples emerge.

Litigation of this scale and importance is undeniably difficult and expensive. If you are able to support the legal challenge, you can do so here.

You can sign the petition to demand the Government publishes the PPE contracts here.


Good Law Project and EveryDoctor has instructed Rook Irwin Sweeney in this case. You can read correspondence with the Government Legal Department below: 

PestFix

10th June 2020: We issued a Pre Action Protocol Letter over the Government’s decision to award a PPE contract to PestFix (available here)
16th June 2020: We received an initial response from the Government: (available here)
17th June 2020: We received further correspondence from the Government Legal Department, which stated the initial contract award notice had been issued ‘in error’: (available here)
1st July 2020: Government Legal Department response: (available here)
3rd July 2020: We received a response from Osborne Clarke, who are instructed on behalf of PestFix: (available here)
15th July 2020: We sent a letter to the Court (available here) filing an updated version of the Court Bundle: (available here)
20th July 2020: We replied to the Government Legal Department: (available here)
20th July 2020: Government Legal Department responded: (available here)
22nd July 2020: We received a response from Osborne Clarke: (available here)
24th July 2020: We wrote to the Government Legal Department: (available here)
24th July 2020: We received a letter from the Counsel of the Speaker of the House of Commons: (available here)
28th July 2020: We replied to the Speaker’s Counsel: (available here)
29th July 2020: We wrote to the Government Legal Department regarding the isolation suits provided by Pestfix: (available here)
31st July 2020: We received a reply from the Government Legal Department: (available here)
6th August 2020: We wrote to the Government Legal Department: (available here)
6th August 2020: Osborne Clarke replied: (available here)
10th August 2020: Having learnt that the DHSC has awarded 11 contracts to Pestfix, we wrote to the Government Legal Department: (available here)
13th August 2020: We received an email from the Government Legal Department: (available here)
13th August 2020: We wrote to Osborne Clarke: (available here)
26th August 2020: We received a reply from Osborne Clarke: (available here)

 

Clandeboye

29th June 2020: We issued a Pre Action Protocol Letter over the Government’s decision to award a PPE contract to Clandeboye: (available here)
3rd July 2020: We sent a letter to the Government Legal Department regarding Clandeboye: (available here)
13th July 2020: We received a response from the Government Legal Department regarding Clandeboye: (available here)
17th July 2020: We received a response from Kingsley Napley, who are instructed on behalf of Clandeboye: (available here)
21st July 2020: The Government wrote to us to state that they had made an error in previous correspondence. 6 million gowns had not yet been delivered, rather than the 40,000 previously stated: (available here)
22nd July 2020: We have issued proceedings: (available here)
2nd August 2020: We received a letter from the Counsel for the Speaker of the House of Commons: (available here)
3rd August 2020: We replied to the Speaker of the House of Commons: (available here)
13th August 2020: We wrote to Kingsley Napley: (available here)
3rd September 2020: We wrote to the High Court in reply to the summary grounds of resistance: (available here)

 

Ayanda

13th July 2020: We issued a Pre Action Protocol Letter over the Government’s decision to award a PPE contract to Ayanda: (available here)
29th July 2020: We received a letter from the Government Legal Department: (available here)
3rd August 2020: We wrote to the Government Legal Department: (available here)
3rd August 2020: We received a response from Lewis Silkin, who are instructed on behalf of Ayanda: (available here)
4th August 2020: We replied to Lewis Silkin: (available here)
4th August 2020: We received a reply from Lewis Silkin: (available here)
4th August 2020: The Government Legal Department wrote to the Court: (available here)
4th August 2020: We wrote to the Court: (available here)
5th August 2020: We wrote to the Government Legal Department: (available here)
5th August 2020: Lewis Silkin wrote to the Court: (available here)
6th August 2020: Lewis Silkin emailed the Court: (available here)
13th August 2020: We replied to Lewis Silkin: (available here)
13th August 2020: We wrote to the Government Legal Department: (available here)
17th August 2020: Lewis Silkin wrote further to the Court: (available here)
17th August 2020: We received a response from Lewis Silkin: (available here)
18th August 2020: Lewis Silkin further wrote to us and to the Government Legal Department: (available here)
25th August 2020: Government Legal Department replied: (available here)
3rd September 2020: We wrote to the Government Legal Department questioning why Ayanda Capital received more favourable contract terms than other contracted PPE suppliers: (available here)
10th September 2020: Lewis Silkin wrote to the Court: (available here)
12th September 2020: We received a reply from Government Legal Department: (available here)


You can read the Court documents below:

Pestfix

14th July 2020: First Witnesss Statement of Julia Patterson: (available here )
15th July 2020: First Witnesss Statement of Joylon Maugham: (
available here
16th July 2020: Consent order to file and serve Amended Statement of Facts and Grounds: (available here)
24th July 2020: Draft order for Claimants to rely on Witness Statements of Dr Julia Patterson and Jolyon Maugham QC: (available here)
29th July 2020: N462 Acknolowedgement of Service as filed by Defendant: (available here)
29th July 2020: The Defendant’s Summary Grounds of Resistance in response to Claimants’ application for Judicial Review: (available here)
29th July 2020: N462 Acknowledgment of Service by Interested Party: (available here)
29th July 2020: Interested Parties’ Summary Grounds of Resistance: (available here)
4th August 2020: We wrote to the Court: (available here)
4th August 2020: Claimants’ N244 Application Notice: (available here)
4th August 2020: Claimants’ Reply to Summary Grounds of Resistance: (available here)
4th August 2020: Draft order by claimants: (available here)
14th August 2020: Defendant’s Note for CMC: (available here)
17th August 2020: Claimants’ Note for CMC: (available here)
17th August 2020: Defendant’s Supplementary Note for CMC: (available here)
17th August 2020: Interested Party’s Skeleton for CMC: (available here)
18th August 2020: CMC order: (available here)
1st September 2020: Claimants’ Submission on Directions: (available here)
1st September 2020: Interested Party’s Submission on Directions: (available here)
1st September 2020: Defendant’s Further Submission on Directions: (available here)
5th October 2020: Note to Interested Parties by Mr Justice Jefford: (available here)
6th November 2020: Defendant’s Statement of Costs: (available here)
11th November 2020: Court bundle: (available here)
17th November 2020: Order by Justice Jefford granting Permission for Judicial Review: (available here)
20th November 2020: N244 Claimants’ Application for Renewal: (available here)
25th November 2020: N244 Application Notice by Claimants: (available here)
25th November 2020: Second Witness Statement of Jolyon Maugham QC: (available here)
25th November 2020: Second Witnesss Statement of Dr Julia Patterson : (
available here)
25th November 2020: Draft Order to rely on Witness Statements of Jolyon Maugham QC and Dr Julia Patterson: (available here)
30th November 2020: Defendant’s N244 Application Notice: (available here)
30th November 2020: Draft Order: (available here)
11th December 2020: Order on Permission Hearing: (
available here )
21st December 2020: Defendant Statement of Reasons on Refusal of Permission: (
available here)

Clandeboye

3rd August 2020: N244 Application Notice by Claimants: (available here)
14th August 2020: N462 Judicial Review Acknowledgment of Service: (available here)
14th August 2020: Defendant’s Summary Grounds of Resistance: (available here)
17th August 2020: Interested Party’s Note for CMC: (available here)
3rd September 2020: Claimants’ Reply to Summary Grounds of Resistance: (available here)
15th September 2020: Defendant’s Submissions on Claimants’ Applications to Rely on Replies: (available here)
16th September 2020: Order: (available here)

Ayanda

21st August 2020: Consent Order: (available here)
25th August 2020: Defendant’s Summary Grounds of Resisting the Claim: (available here)
1st September 2020: N462 Judicial Review Acknowledgment of Service: (available here)
1st September 2020: Interested Party’s Summary Grounds of Resistance: (available here)
3rd September 2020: N244 Application Notice: (available here)
3rd September 2020: Claimants’ Reply to Summary Grounds of Resistance: (available here)


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