Severn Trent Plc v Dwr Cymru Cyfyngedig (Welsh Water Limited) & Ors [2000] EWHC 190 (Comm) (10 October 2000)

Severn Trent Plc v Dwr Cymru Cyfyngedig (Welsh Water Limited) & Ors [2000] EWHC 190 (Comm) (10 October 2000)

Severn Trent brought proceedings promptly within the meaning of the Regulations, is not limited to damages, and the O&M Agreement is not excluded from the Regulations by the affiliated undertaking exemption or by being incidental to a broader transaction. Injunctive relief is appropriate and proportionate in principle.

Citation
[2000] EWHC 190 (Comm)
Parties
Claimant: Severn Trent; First Defendant: DCC; Second Defendant: WPD; Third Defendant: United Utilities
Jurisdiction
England and Wales
Judgment Date
10 October 2000
Procedural Posture
Claim for Injunctive Relief Under Procurement Regulations / Judgment Following Liability Trial
Outcome
Claimant entitled to pursue proceedings for injunctive relief; not limited to damages.
Legal Topics
Utilities Contracts Regulations 1996, Council Directive 93/38/eec, Injunctive Relief, Competitive Tendering, Affiliated Undertakings Exemption
Public Procurement Administrative Law European Union Law Utilities Contracts Regulations 1996 Council Directive 93/38/eec Injunctive Relief Competitive Tendering Affiliated Undertakings Exemption

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Parties

Severn Trent

Claimant

DCC

First Defendant

WPD

Second Defendant

United Utilities

Third Defendant

Procedural Posture

Claim for Injunctive Relief Under Procurement Regulations / Judgment Following Liability Trial

Legal Issues

  1. 1 Whether Severn Trent brought proceedings promptly as required by the Regulations
  2. 2 Whether Severn Trent is limited to damages or entitled to injunctive relief
  3. 3 Whether the O&M Agreement falls within the scope of the Utilities Contracts Regulations 1996 or is excluded

Ratio Decidendi

Severn Trent brought proceedings promptly within the meaning of the Regulations, is not limited to damages, and the O&M Agreement is not excluded from the Regulations by the affiliated undertaking exemption or by being incidental to a broader transaction. Injunctive relief is appropriate and proportionate in principle.

Court Disposition

Claimant entitled to pursue proceedings for injunctive relief; not limited to damages.

Orders

  • DCC's undertaking not to implement the O&M Agreement is extended until further order or judgment.