Part 9: Remedies for breach of statutory duty Section 102: Interim remedies
Subsection (1) allows the court to make interim orders in relation to any claims and details the types of order that can be made. These include lifting (or modifying) the automatic suspension that prevents a contracting authority from entering into or modifying a contract, but also suspending a contracting authority’s decision or action (so that it must proceed as though it had not taken place), suspending progress of a procurement, or, after a contract has been entered into, suspending performance of the contract (or part thereof).
	Subsection (2) sets out a test that the court must apply when determining whether to make an interim order under subsection (1). This will replace application of the common law test in the 1975 American Cyanamid case and will notably apply to any decision to lift the automatic suspension. The court must consider:
the public interest - including both the public interest in ensuring the contract is awarded (or modified) in accordance with the law and avoiding adverse consequences caused by delay in performing the contract in question (e.g. to defence or security interests);
the interests of suppliers - which will include the winning bidder and claimant and specifically require consideration of whether damages are an adequate remedy for the claimant;
any other issues the court may wish to consider.
	Subsection (3) prevents the court from permitting a contract to be entered into before the end of any applicable standstill period.
	Subsection (4) allows the court to provide for undertakings or conditions in support of any interim order made under subsection (1) (for example, a cross undertaking in damages for losses incurred by an interim measure later discharged if the claim is unsuccessful).