Construcciones Y Auxiliar De Ferrocarriles, S.A. v High Speed Two (HS2) Ltd [2018] EWHC 311 (TCC) (09 February 2018)

HS2's approach to disclosure was unreasonable and obstructive, justifying an indemnity costs order in favour of the claimant for the disclosure applications and attendances at hearings.

Citation: [2018] EWHC 311 (TCC)
Parties: Claimant: Construcciones y Auxiliar de Ferrocarriles, S. A.; Defendant: High Speed Two (HS2) Limited
Jurisdiction: England and Wales
Judgment Date: 09 February 2018
Procedural Posture: Procurement Challenge / Interlocutory Application Regarding Disclosure
Outcome: Claimant's applications for disclosure costs granted
Legal Topics: Disclosure, Expedited Trial, Costs Assessment

Public Procurement Civil Procedure Disclosure Expedited Trial Costs Assessment

Case Brief

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Parties

Construcciones y Auxiliar de Ferrocarriles, S. A.

Claimant

High Speed Two (HS2) Limited

Defendant

Procedural Posture

Procurement Challenge / Interlocutory Application Regarding Disclosure

Legal Issues

1 Whether HS2's disclosure in the procurement challenge was adequate and timely
2 Whether the claimant is entitled to costs for disclosure applications

Ratio Decidendi

HS2's approach to disclosure was unreasonable and obstructive, justifying an indemnity costs order in favour of the claimant for the disclosure applications and attendances at hearings.

Court Disposition

Claimant's applications for disclosure costs granted

Orders

Claimant awarded costs of disclosure applications and attendances at hearings on an indemnity basis, summarily assessed at £135,780.37.
Costs of disclosure exercise between 26 January and 9 February 2018 to be claimant's costs in case, subject to detailed assessment on indemnity basis.