Siemens Mobility Limited v High Speed Two (HS2) Limited

Siemens Mobility Limited v High Speed Two (HS2) Limited

HS2 did not breach procurement law or the Utilities Contracts Regulations 2016 in its evaluation of tenders, exercise of discretion regarding the shortfall tender, consent to change of control, Stage 5 evaluation, review of abnormally low pricing, verification or pre-contract checks, or in relation to contemplated modifications. No manifest errors or unlawful conflicts of interest were established. Siemens failed to prove any breach sufficient to entitle it to relief or damages.

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
11 October 2024
Procedural Posture
Procurement Challenge (part 7 and Judicial Review) / Final Judgment After Trial of Consolidated Claims
Outcome
All claims dismissed. No relief granted to Siemens.
Legal Topics
Procurement Evaluation, Tender Process, Conflict of Interest, Abnormally Low Tender, Modification of Contract, Transparency and Equal Treatment, Pre Contract Checks, Judicial Review
Public Procurement Administrative Law Contract Law Procurement Evaluation Tender Process Conflict of Interest Abnormally Low Tender Modification of Contract +3 more

Case Brief

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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 (part 7 and Judicial Review) / Final Judgment After Trial of Consolidated Claims

Legal Issues

  1. 1 Whether HS2 breached procurement law in evaluating tenders and awarding the contract to the JV
  2. 2 Whether HS2 unlawfully exercised discretion to allow a shortfall tender
  3. 3 Whether HS2 unlawfully consented to a change of control in the JV

Ratio Decidendi

HS2 did not breach procurement law or the Utilities Contracts Regulations 2016 in its evaluation of tenders, exercise of discretion regarding the shortfall tender, consent to change of control, Stage 5 evaluation, review of abnormally low pricing, verification or pre-contract checks, or in relation to contemplated modifications. No manifest errors or unlawful conflicts of interest were established. Siemens failed to prove any breach sufficient to entitle it to relief or damages.

Court Disposition

All claims dismissed. No relief granted to Siemens.

Orders

  • Claims 1-9 dismissed
  • Judicial review claims refused permission and dismissed