CMAC Group UK Ltd v Abellio Trandport Holding Ltd & Ors [2021] EWHC 2822 (TCC) (17 September 2021)

CMAC Group UK Ltd v Abellio Trandport Holding Ltd & Ors [2021] EWHC 2822 (TCC) (17 September 2021)

A stay of proceedings is appropriate where the challenge is to the tender documents, loss may not crystallise until contract award, and the stay is short and terminable on notice. The risk of loss is sufficient to found a cause of action, but the overriding objective and lack of immediate detriment justify a stay.

Citation
[2021] EWHC 2822 (TCC)
Parties
Claimant: CMAC Group UK Ltd; Defendants: Abellio Transport Holding Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
17 September 2021
Procedural Posture
Judicial Review / Procurement Challenge / Interlocutory Application for Stay of Proceedings
Outcome
Stay granted
Legal Topics
Utilities Contracts Regulations 2016, Procurement Challenges, Stay of Proceedings, Limitation Periods
Public Procurement Administrative Law Utilities Contracts Regulations 2016 Procurement Challenges Stay of Proceedings Limitation Periods

Case Brief

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Parties

CMAC Group UK Ltd

Claimant

Abellio Transport Holding Ltd & Ors

Defendants

Procedural Posture

Judicial Review / Procurement Challenge / Interlocutory Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the procurement exercises for replacement rail services are governed by the Utilities Contracts Regulations 2016
  2. 2 Whether the inclusion of a stipulation requiring bidders to contract out of the 2016 regulations constitutes an actual or anticipatory breach
  3. 3 Whether a stay of proceedings is appropriate pending the outcome of the procurement process

Ratio Decidendi

A stay of proceedings is appropriate where the challenge is to the tender documents, loss may not crystallise until contract award, and the stay is short and terminable on notice. The risk of loss is sufficient to found a cause of action, but the overriding objective and lack of immediate detriment justify a stay.

Court Disposition

Stay granted

Orders

  • Proceedings in each case stayed until the award of the contract or earlier upon five days' notice by the claimant
  • Question of consolidation to be addressed separately