Alstom Transport UK Ltd v London Underground Ltd [2017] EWHC 1521 (TCC) (27 June 2017)

Alstom Transport UK Ltd v London Underground Ltd [2017] EWHC 1521 (TCC) (27 June 2017)

Damages would be an adequate remedy for Alstom and it is not unjust to confine it to that remedy; the balance of convenience favours lifting the automatic suspension so the contract may proceed.

Source-derived case information.

Citation
[2017] EWHC 1521 (TCC)
Parties
Claimant: Alstom Transport UK Ltd; Defendant: London Underground Ltd
Jurisdiction
England and Wales
Judgment Date
27 June 2017
Procedural Posture
Interim Application in Procurement Proceedings / Application to Lift Automatic Suspension Under Regulation 45 G of the Utilities Contracts Regulations 2006
Outcome
Application granted; automatic suspension lifted.
Legal Topics
Automatic Suspension, Adequacy of Damages, Balance of Convenience, Interim Injunctions, Procurement Challenge
Public Procurement Contract Law Automatic Suspension Adequacy of Damages Balance of Convenience Interim Injunctions Procurement Challenge

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Summary, issues, holding and outcome

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Parties

Alstom Transport UK Ltd

Claimant

London Underground Ltd

Defendant

Procedural Posture

Interim Application in Procurement Proceedings / Application to Lift Automatic Suspension Under Regulation 45 G of the Utilities Contracts Regulations 2006

Legal Issues

  1. 1 Whether the automatic suspension on contract making should be lifted under Regulation 45G of the Utilities Contracts Regulations 2006
  2. 2 Whether damages would be an adequate remedy for the claimant if the suspension is lifted
  3. 3 Whether the balance of convenience favours maintaining or lifting the suspension

Ratio Decidendi

Damages would be an adequate remedy for Alstom and it is not unjust to confine it to that remedy; the balance of convenience favours lifting the automatic suspension so the contract may proceed.

Court Disposition

Application granted; automatic suspension lifted.

Orders

  • The automatic suspension on contract making is set aside, permitting London Underground Ltd to enter into the contract with Bombardier.