Alstom Transport UK Ltd v London Underground Ltd

Alstom Transport UK Ltd v London Underground Ltd

Damages would be an adequate remedy for Alstom and it is not unjust to confine it to damages. The balance of convenience favours lifting the automatic suspension so the contract may proceed without further delay.

Parties
Claimant: Alstom Transport UK Ltd; Defendant: London Underground Ltd; Defendant: Transport for London
Jurisdiction
England and Wales
Judgment Date
27 June 2017
Procedural Posture
Procurement Dispute (interim Application) / Application to Lift Automatic Suspension
Outcome
Automatic suspension lifted; application granted for Defendants.
Legal Topics
Automatic Suspension, Adequacy of Damages, Balance of Convenience, Interim Injunctions, Procurement Regulations
Public Procurement Contract Law Automatic Suspension Adequacy of Damages Balance of Convenience Interim Injunctions Procurement Regulations

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Parties

Alstom Transport UK Ltd

Claimant

London Underground Ltd

Defendant

Transport for London

Defendant

Procedural Posture

Procurement Dispute (interim Application) / Application to Lift Automatic Suspension

Legal Issues

  1. 1 Whether the automatic suspension on contract making under Regulation 45G of the Utilities Contracts Regulations 2006 should be lifted
  2. 2 Whether damages are an adequate remedy for the claimant
  3. 3 Whether it is just to confine the claimant to damages

Ratio Decidendi

Damages would be an adequate remedy for Alstom and it is not unjust to confine it to damages. The balance of convenience favours lifting the automatic suspension so the contract may proceed without further delay.

Court Disposition

Automatic suspension lifted; application granted for Defendants.

Orders

  • The automatic suspension on contract making is set aside.
  • The Defendants may proceed to conclude the contract with Bombardier.