Alstom Transport UK Ltd v Network Rail Infrastructure Ltd

Alstom Transport UK Ltd v Network Rail Infrastructure Ltd

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 proceeding with the ETCS works favour lifting the automatic suspension.

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 / Interlocutory Application to Lift Automatic Suspension
Outcome
Application to lift the automatic suspension granted
Legal Topics
Automatic Suspension, Adequacy of Damages, Balance of Convenience, Lifting of Suspension, Francovich Conditions, Public Interest in Procurement
Public Procurement Contract Law Administrative Law Automatic Suspension Adequacy of Damages Balance of Convenience Lifting of Suspension Francovich Conditions +1 more

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Parties

Alstom Transport UK Limited

Claimant

Network Rail Infrastructure Limited

Defendant

Siemens Mobility Limited

Interested Party

Procedural Posture

Procurement Challenge / Interlocutory 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
  2. 2 Whether damages would be an adequate remedy for Alstom if the suspension is lifted and it succeeds at trial
  3. 3 Whether damages would be an adequate remedy for Network Rail if the suspension remains and it succeeds at trial

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 proceeding with the ETCS works favour lifting the automatic suspension.

Court Disposition

Application to lift the automatic suspension granted

Orders

  • Automatic suspension lifted
  • Network Rail permitted to enter into the framework agreement with Siemens