The trial between PPE Medpro and the DHSC concluded after twelve days, with the defense arguing that the government failed to substantiate its £122 million breach of contract claim. Counsel Charles Samek described the case as 'buyer’s remorse' and emphasized the need to consider the pandemic context rather than a procurement audit. Expert Igor Popovic testified that market demand for gowns could have yielded up to £85 million. Junior counsel Ashley Cukier criticized the late presentation and unreliability of evidence concerning storage costs.
Charles Samek KC asserted that the government’s claims represent mere 'buyer’s remorse', failing to meet the proof standard for their £122 million breach of contract claim.
Samek emphasized the importance of context in evaluating the contract and argued against assuming the DHSC's perspective is correct, highlighting the unique challenges of a pandemic.
Ashley Cukier pointed out that the government's claim for storage costs was introduced late, based on unreliable evidence, undermining its validity in the proceedings.
Expert Igor Popovic estimated that rejected gowns could have sold for up to £85 million, reinforcing the argument that demand remained strong during the pandemic.
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