Alstom Transport v Eurostar International Ltd & Anor (Rev 1)

Alstom Transport v Eurostar International Ltd & Anor (Rev 1)

The ineffectiveness remedy is not available to Alstom because the required notice under the qualification procedure was given, and any breach related to subsequent procedure, not notice. The second ground fails as Alstom was not deprived of the opportunity to commence proceedings before contract conclusion. Even if the remedy were available, the claim is time-barred as Alstom was informed of the contract and given a summary of reasons more than 30 days before commencing proceedings.

Parties
Claimant: Alstom Transport; First Defendant: Eurostar International Limited; Second Defendant: Siemens PLC
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Civil (commercial/public Procurement) / Application to Strike Out Part of Claim
Outcome
Claim for declaration of ineffectiveness struck out
Legal Topics
Declaration of Ineffectiveness, Limitation Periods, Tender Process, Remedies Under Utilities Contracts Regulations
Public Procurement Commercial Law Declaration of Ineffectiveness Limitation Periods Tender Process Remedies Under Utilities Contracts Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Alstom Transport

Claimant

Eurostar International Limited

First Defendant

Siemens PLC

Second Defendant

Procedural Posture

Civil (commercial/public Procurement) / Application to Strike Out Part of Claim

Legal Issues

  1. 1 Whether the remedy of a declaration of ineffectiveness is available to the claimant under the Utilities Contracts Regulations 2006 as amended
  2. 2 Whether the claim for ineffectiveness is time-barred under the applicable limitation periods

Ratio Decidendi

The ineffectiveness remedy is not available to Alstom because the required notice under the qualification procedure was given, and any breach related to subsequent procedure, not notice. The second ground fails as Alstom was not deprived of the opportunity to commence proceedings before contract conclusion. Even if the remedy were available, the claim is time-barred as Alstom was informed of the contract and given a summary of reasons more than 30 days before commencing proceedings.

Court Disposition

Claim for declaration of ineffectiveness struck out

Orders

  • The ineffectiveness claim is struck out.