Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)

Alstom Transport v Eurostar International Ltd & Anor (Rev 1) [2011] EWHC 1828 (Ch) (13 July 2011)

The claim for a declaration of ineffectiveness was struck out because neither ground 1 nor ground 2 under Regulation 45K was available to Alstom on the assumed facts. A required notice was given, and Alstom was not deprived of the opportunity to bring proceedings before contract award. The ineffectiveness remedy is not available where the mechanistic requirements of the regulations are not met.

Citation
[2011] EWHC 1828 (Ch)
Parties
Claimant: Alstom Transport; First Defendant: Eurostar International Limited; Second Defendant: Siemens PLC
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Application to Strike Out Part of a Claim / Interlocutory Application Before Trial
Outcome
Application granted; claim for declaration of ineffectiveness struck out.
Legal Topics
Declaration of Ineffectiveness, Utilities Contracts Regulations 2006, Limitation Periods, Tendering Process, Material Variation of Contract
Public Procurement Contract Law Administrative Law Declaration of Ineffectiveness Utilities Contracts Regulations 2006 Limitation Periods Tendering Process Material Variation of Contract

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Parties

Alstom Transport

Claimant

Eurostar International Limited

First Defendant

Siemens PLC

Second Defendant

Procedural Posture

Application to Strike Out Part of a Claim / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether the grounds for a declaration of ineffectiveness under the Utilities Contracts Regulations 2006 are satisfied
  2. 2 Whether the claim for a declaration of ineffectiveness is time-barred under the applicable limitation period

Ratio Decidendi

The claim for a declaration of ineffectiveness was struck out because neither ground 1 nor ground 2 under Regulation 45K was available to Alstom on the assumed facts. A required notice was given, and Alstom was not deprived of the opportunity to bring proceedings before contract award. The ineffectiveness remedy is not available where the mechanistic requirements of the regulations are not met.

Court Disposition

Application granted; claim for declaration of ineffectiveness struck out.

Orders

  • The claim for a declaration of ineffectiveness is struck out.
  • Siemens and Eurostar are no longer subject to the ineffectiveness claim in these proceedings.