Siemens Mobility Limited v High Speed Two (HS2) Limited

Siemens Mobility Limited v High Speed Two (HS2) Limited

The claim alleging breach of Regulation 42 (conflicts of interest) was not shown to be out of time, as the Claimant did not have actual or constructive knowledge of the relevant facts more than 30 days before commencing proceedings. The claim alleging breach of the TOEP was out of time, as the Claimant had actual or constructive knowledge of the relevant facts by April 2022. The two claims relate to breaches of different duties, so the time bar for one does not affect the other.

Parties
Claimant: Siemens Mobility Limited; Defendant: High Speed Two (HS2) Limited; Interested Party: Bombardier Transportation UK Limited; Interested Party: Hitachi Rail Limited
Jurisdiction
England and Wales
Judgment Date
14 October 2022
Procedural Posture
Procurement Challenge / Strike Out and Summary Judgment Application
Outcome
Claim partially struck out
Legal Topics
Conflicts of Interest, Time Limits for Procurement Claims, Estoppel by Representation, Compliance With Evaluation Procedures
Public Procurement Administrative Law Conflicts of Interest Time Limits for Procurement Claims Estoppel by Representation Compliance With Evaluation Procedures

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Siemens Mobility Limited

Claimant

High Speed Two (HS2) Limited

Defendant

Bombardier Transportation UK Limited

Interested Party

Hitachi Rail Limited

Interested Party

Procedural Posture

Procurement Challenge / Strike Out and Summary Judgment Application

Legal Issues

  1. 1 Whether the claim alleging breach of Regulation 42 (conflicts of interest) was commenced within the statutory time limit
  2. 2 Whether the claim alleging breach of the Tender Opening Evaluation Procedure (TOEP) was commenced within the statutory time limit
  3. 3 Whether the Defendant is estopped from asserting the claim is out of time

Ratio Decidendi

The claim alleging breach of Regulation 42 (conflicts of interest) was not shown to be out of time, as the Claimant did not have actual or constructive knowledge of the relevant facts more than 30 days before commencing proceedings. The claim alleging breach of the TOEP was out of time, as the Claimant had actual or constructive knowledge of the relevant facts by April 2022. The two claims relate to breaches of different duties, so the time bar for one does not affect the other.

Court Disposition

Claim partially struck out

Orders

  • Claim alleging breach of TOEP procedure struck out as out of time
  • Claim alleging breach of Regulation 42 (conflicts of interest) not struck out and may proceed