Reassured....1 May 2024 00:21
I have always been curious what the basis of the DHSC claim is and legal case thereof. Today's Sky News reporting helped clarify quite a lot for me.
Firstly, by my interpretation of the article, the summary judgement has been dismissed and we are going to full hearing in the High Court in June. This from the last sentence "The hearing is set to continue at the High Court." I expect an RNS to that effect at 7am.
Secondly, subject to above interpretation being right, it would appear that the DHSC felt their claim was so clearly justified by what they deemed as lack of robustness (ie test failures) resulting in breach of contract, they asked for a summary judgement. This has been refuted by Twigger/Novacyt on the basis the data that supports that assertion has been wrongly analysed. For many reasons, tests can fail and not necessarily due to product defects / inadequacies. I think someone mentioned as a professional in this space, and I am aware of this too, if a test is not properly administered, there are "contamination", process incorrect etc, such test failures (or success) should be excluded. For the court to agree means there is more than enough in the data that supports the refute.
This is obviously only one part, but a big part of the DHSC claim ie the product "does not do what it says on the tin", otherwise they would not call this argument out for the summary judgement and the whole claim value. For it to be dismissed is very reassuring to me.
I am more convinced than before a settlement will be reached before full court hearing date. The only reason it will now go the distance is because Novacyt wants the full amount and the (positive) publicity that comes with it. From my perspective, it will be better both parties settle, in a "face-saving" manner and draw a line against it. Perhaps accompanied by a new deal with DHSC for other products in our portfolio.
Good luck all.