Alstom Transport UK Ltd v Network Rail Infrastructure Ltd [2019] EWHC 3585 (TCC) (20 December 2019)

Alstom Transport UK Ltd v Network Rail Infrastructure Ltd [2019] EWHC 3585 (TCC) (20 December 2019)

Damages would be an adequate remedy for Alstom if it succeeded at trial, but not for Network Rail if the suspension remained and it succeeded. The balance of convenience and strong public interest in timely replacement of critical railway signalling assets favour lifting the automatic suspension.

Citation
[2019] EWHC 3585 (TCC)
Parties
Claimant: Alstom Transport UK Limited; Defendant: Network Rail Infrastructure Limited; Interested Party: Siemens Mobility Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Procurement Challenge / Interim Application to Lift Automatic Suspension
Outcome
Application granted; automatic suspension lifted.
Legal Topics
Automatic Suspension, Interim Relief, Adequacy of Damages, Balance of Convenience, Public Interest, EU Procurement Law
Public Procurement Administrative Law Automatic Suspension Interim Relief Adequacy of Damages Balance of Convenience Public Interest EU Procurement Law

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Parties

Alstom Transport UK Limited

Claimant

Network Rail Infrastructure Limited

Defendant

Siemens Mobility Limited

Interested Party

Procedural Posture

Procurement Challenge / Interim Application to Lift Automatic Suspension

Legal Issues

  1. 1 Whether the automatic suspension under Regulation 110 of the Utilities Contracts Regulations 2016 should be lifted pending trial of the procurement challenge

Ratio Decidendi

Damages would be an adequate remedy for Alstom if it succeeded at trial, but not for Network Rail if the suspension remained and it succeeded. The balance of convenience and strong public interest in timely replacement of critical railway signalling assets favour lifting the automatic suspension.

Court Disposition

Application granted; automatic suspension lifted.

Orders

  • Automatic suspension under Regulation 110 lifted, permitting Network Rail to enter into the framework agreement with Siemens.