After hours air ambulance service contract dispute is settled

High Court Reporter

A dispute over the awarding of a €9.5 million contract for the country’s after hours emergency air ambulance service has been settled, the Commercial Court has heard.

The contract is to provide a service between Ireland and other countries, primarily the UK.

Sere Holdings Ltd, which came eighth and last in the tender process, had brought a challenge over the awarding of the contract, but this was rejected by the High Court in 2023.

Sere appealed and the Court of Appeal (CoA) overturned the decision last year.

The CoA sent the case back to the High Court where it has been listed before the fast track commercial division in preparation for a rehearing.

On Monday, Mr Justice Mark Sanfey was told the matter had been settled. The judge struck out the case on consent between the parties.

In its action, Sere claimed the contract winner, IAS Medical Ltd, did not satisfy a requirement that each bidder must have a turnover of €4 million for the previous three years in relation to the services it was bidding for.

Sere asked the court to set aside the award of the contract to IAS under the European Communities (Public Authorities’ Contracts) (Review Procedures) Regulations 2010, known as the “Remedies Regulations”.

The Sere challenge was against the HSE, which funds the service. IAS was a notice party.

Air ambulances both inside and outside Ireland are generally provided by the Irish Air Corps and the Irish Coast Guard Services under existing arrangements.

But they are unable to provide it between 7pm and 7:30 am, and 7pm to 8:30am in June, July and August. This is why a private contractor is needed for the after hours service.