Delivering her summary judgment, Justice Cockerill said the gowns failed to comply with a "validated sterilisation process", as explicitly required under the contract. While PPE Medpro had accepted this requirement during contractual negotiations, the gowns it supplied lacked the appropriate Notified Body numbers mandated under EU legislation for Class I sterile medical devices. "PPE Medpro breached the contract," the judge concluded, citing the absence of sufficient sterilisation certification and technical compliance.
The judge, Mr Justice Sheldon, halted his removal after a decision came through during the court hearing that his claims to be a victim of trafficking required further investigation. The ruling is a significant blow to the government because many of those due to be removed under the scheme are potential victims of trafficking. Because they have only recently arrived in the UK they have not had an opportunity to have their trafficking claim fully investigated nor to obtain expert medical and psychological reports.
"Judge Hodge ruled in favour of Gems House Residences, allowing refurbishment and rental increase of 16 flats in Marylebone, highlighting the validity of the mortgage exclusion clause from 2013."