Mermec UK Ltd v Network Rail Infrastructure Ltd

Mermec UK Ltd v Network Rail Infrastructure Ltd

Mermec's claim is time-barred because the grounds for proceedings arose on receipt of the notification letter on 23 September 2010, and the claim was served more than three months later. No good reason was advanced for an extension of time, and all basic facts supporting the claim were known at the relevant date.

Parties
Claimant: Mermec UK Limited; Defendant: Network Rail Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2011
Procedural Posture
Civil / Summary Judgment
Outcome
Claim dismissed as time-barred; summary judgment granted for the defendant.
Legal Topics
Tendering Process, Limitation Periods, Utilities Contracts Regulations, Summary Judgment
Public Procurement Contract Law Tendering Process Limitation Periods Utilities Contracts Regulations Summary Judgment

Case Brief

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Parties

Mermec UK Limited

Claimant

Network Rail Infrastructure Limited

Defendant

Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 Whether the claim was served within the statutory limitation period under the Utilities Contracts Regulations
  2. 2 Whether Network Rail breached its obligations under Regulation 33 by failing to provide sufficient information about the tender evaluation
  3. 3 Whether Network Rail properly assessed and scored Mermec's bid

Ratio Decidendi

Mermec's claim is time-barred because the grounds for proceedings arose on receipt of the notification letter on 23 September 2010, and the claim was served more than three months later. No good reason was advanced for an extension of time, and all basic facts supporting the claim were known at the relevant date.

Court Disposition

Claim dismissed as time-barred; summary judgment granted for the defendant.

Orders

  • Network Rail's application for summary judgment succeeds.
  • No extension of time for service of claim.