Bechtel Ltd v High Speed Two (HS2) Ltd ((No.2) Costs of the Interested Party) [2021] EWHC 640 (TCC) (23 March 2021)

Bechtel Ltd v High Speed Two (HS2) Ltd ((No.2) Costs of the Interested Party) [2021] EWHC 640 (TCC) (23 March 2021)

BBVS is entitled to recover its costs incurred in complying with confidentiality ring provisions and protecting its confidential information, as its participation was expressly provided for by court order and justified by the exceptional scale and sensitivity of the project. BBVS is not entitled to recover costs...

Source-derived case information.

Citation
[2021] EWHC 640 (TCC)
Parties
Claimant: Bechtel Limited; Defendant: High Speed Two (HS2) Limited; Interested Party: Balfour Beatty Group Limited; Interested Party: Vinci Construction (UK) Limited; Interested Party: Vinci Construction Grands Projets; Interested Party: Systra Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2021
Procedural Posture
Procurement Challenge / Costs Application Following Liability Judgment
Outcome
Application for costs by BBVS succeeds in part; costs for confidentiality ring compliance recoverable, costs for declaration of ineffectiveness not recoverable.
Legal Topics
Costs of Interested Parties, Confidentiality in Procurement Litigation, Discretionary Costs Orders
Public Procurement Civil Procedure Costs of Interested Parties Confidentiality in Procurement Litigation Discretionary Costs Orders

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Parties

Bechtel Limited

Claimant

High Speed Two (HS2) Limited

Defendant

Balfour Beatty Group Limited

Interested Party

Vinci Construction (UK) Limited

Interested Party

Vinci Construction Grands Projets

Interested Party

Systra Limited

Interested Party

Procedural Posture

Procurement Challenge / Costs Application Following Liability Judgment

Legal Issues

  1. 1 Whether an interested party in procurement litigation is entitled to recover its legal costs from the claimant
  2. 2 Whether costs incurred in protecting confidential information and compliance with confidentiality ring provisions are recoverable
  3. 3 Whether costs incurred in relation to a plea for a declaration of ineffectiveness are recoverable

Ratio Decidendi

BBVS is entitled to recover its costs incurred in complying with confidentiality ring provisions and protecting its confidential information, as its participation was expressly provided for by court order and justified by the exceptional scale and sensitivity of the project. BBVS is not entitled to recover costs relating to the plea for a declaration of ineffectiveness, as there was no court order permitting its participation in that aspect and its interests were not sufficiently distinct from HS2.

Court Disposition

Application for costs by BBVS succeeds in part; costs for confidentiality ring compliance recoverable, costs for declaration of ineffectiveness not recoverable.

Orders

  • Bechtel to pay BBVS's costs of complying with confidentiality ring provisions and protecting confidential information, subject to detailed assessment on the standard basis if not agreed.
  • Application for costs relating to declaration of ineffectiveness dismissed.