Electronic Data Systems Ltd v Transport Trading Ltd

Electronic Data Systems Ltd v Transport Trading Ltd

The claimant has demonstrated a sufficiently strong case at this interim stage regarding both the derogation and standing issues. The side letter does not adequately address the risk of competitive advantage to Cubic or provide sufficient protection to the claimant. The balance of convenience favours granting interim relief to maintain the status quo, with the claimant required to give a cross undertaking in damages.

Parties
Claimant: Electronic Data Systems Limited; Defendant: Transport Trading Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2008
Procedural Posture
Judicial Review / Interim Relief Application
Outcome
interim injunction granted
Legal Topics
Interim Injunctions, Standing, Competitive Tendering, Derogation Under Procurement Regulations
Public Procurement Contract Law Interim Injunctions Standing Competitive Tendering Derogation Under Procurement Regulations

Case Brief

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Parties

Electronic Data Systems Limited

Claimant

Transport Trading Limited

Defendant

Procedural Posture

Judicial Review / Interim Relief Application

Legal Issues

  1. 1 Whether the defendant can derogate from competitive tendering under Regulation 17(1)(c) of the Utilities Contracts Regulations 2006
  2. 2 Whether the claimant has standing as an economic operator to seek relief under Regulation 45
  3. 3 Whether the side letter offered by the defendant provides adequate protection to the claimant

Ratio Decidendi

The claimant has demonstrated a sufficiently strong case at this interim stage regarding both the derogation and standing issues. The side letter does not adequately address the risk of competitive advantage to Cubic or provide sufficient protection to the claimant. The balance of convenience favours granting interim relief to maintain the status quo, with the claimant required to give a cross undertaking in damages.

Court Disposition

interim injunction granted

Orders

  • Defendant restrained from entering into the FTA with Cubic pending trial, subject to claimant's cross undertaking in damages.
  • Speedy trial to be scheduled; counsel to be heard on directions.