Construcciones Y Auxiliar De Ferrocarriles, S.A. v High Speed Two (HS2) Ltd

Construcciones Y Auxiliar De Ferrocarriles, S.A. v High Speed Two (HS2) Ltd

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

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 for Disclosure
Outcome
Claimant's applications for disclosure granted; costs awarded on indemnity basis.
Legal Topics
Disclosure, Expedited Trial, Costs, Case Management
Public Procurement Civil Procedure Disclosure Expedited Trial Costs Case Management

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 for Disclosure

Legal Issues

  1. 1 Whether HS2 complied with its disclosure obligations in the procurement challenge
  2. 2 Whether the claimant is entitled to indemnity costs for disclosure applications

Ratio Decidendi

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

Court Disposition

Claimant's applications for disclosure granted; costs awarded on indemnity basis.

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.