A High Court ruling has delivered a severe blow to PPE Medpro, a company linked to Baroness Michelle Mone and her husband Doug Barrowman, ordering it to repay £122 million to the UK Government for breaching a contract that required the supply of 25 million sterile surgical gowns during the COVID-19 pandemic. The gowns were found to be faulty and not sterile, rendering them unusable by the NHS, the court declared. While the ruling was unequivocal on the breach and the repayment due, the prospects of the government recovering the substantial sum remain highly uncertain.

According to legal analysis from Ryan Macready of Glasgow-based firm Dallas McMillan, the chances of recouping the full £122 million—or the amount now exceeding £145 million with accrued interest—are "very remote." PPE Medpro entered administration recently with assets reportedly totalling just £700,000. The company’s financial records and court judgments highlight a dramatic disparity between the compensation awarded and the tangible assets available. Mr Macready pointed out that recovery efforts would likely hinge on uncovering fraudulent transactions or improperly diverted profits, which could be challenged by administrators. However, he cautioned that absent firm evidence of such misconduct, recovery beyond the remaining company funds will be minimal.

The company’s administrative prospects are further complicated by allegations involving Baroness Mone and her family. In December 2023, Mone admitted that she and her children could benefit financially from profits worth around £60 million held in a series of trusts associated with the company. Yet, the legal expert emphasised that mere benefit does not constitute a sufficient legal basis for fund recovery, which would require concrete proof linking the individuals to the misuse of company assets or fraudulent activity. This underscores the complexity of "piercing the corporate veil," where administrators must demonstrate that the company's structure was exploited as a vehicle for fraud in order to pursue recovery from personal or associated assets.

In addition, the National Crime Agency is investigating Mone and Barrowman over the PPE contract, with assets worth £75 million frozen as part of this inquiry. Mr Macready noted that any criminal convictions for fraud under the Proceeds of Crime Act might open a pathway for the Crown to confiscate assets, potentially benefiting creditors indirectly. Nevertheless, this outcome depends entirely on the investigation’s findings and subsequent court rulings.

The case has raised broader issues surrounding political influence and public accountability. PPE Medpro’s contract arose amid the highly politicised and expedited procurement processes of the pandemic, including the controversial COVID VIP lane, through which Mone reportedly referred the company to ministers. Critics argue that access and influence overshadowed the usual safeguards of oversight and due diligence. Since the High Court judgment, over 285,000 people have signed petitions demanding that Michelle Mone be stripped of her peerage, highlighting public disquiet around the scandal. However, removing a peer from the House of Lords requires an act of Parliament, and resignation remains a personal choice.

PPE Medpro, for its part, has expressed willingness to enter into settlement discussions with the government through its administrators, lamenting the lack of response from government representatives. The Department of Health and Social Care had initially pursued damages not only for the faulty gowns but also sought storage costs exceeding £8 million, although the court rejected the latter claim.

This case is emblematic of the broader challenges governments face when emergency contracts awarded under crisis conditions subsequently fail due to quality issues or alleged misconduct. While the legal victory secures official recognition of breach and liability, turning that judgment into actual financial redress is a complex, lengthy, and uncertain process—especially when the company’s financial position is dramatically weaker than the sums involved.

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Source: Noah Wire Services