Section 104(5)

In considering whether there is an overriding public interest in not setting aside a contract or modification, the court— may have regard to the financial consequences of setting aside the contract or modification only in exceptional circumstances, and must in any event disregard costs that are directly associated with— the contracting authority having to award another contract or enter into a contract to a different supplier, a delay in the performance of the contract or the contract as modified, or any legal obligations arising from setting aside the contract or modification.

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Source: legislation.gov.uk · retrieved 2026-09-04