Citation: [2023] EWHC 2768 (TCC)
Judgment was handed down on 6 November 2023 in the long running procurement challenge by Siemens to HS2’s award of a contract for the provision of rolling stock to a joint venture comprising Bombardier and Hitachi. In one of the most significant procurement judgments in recent years, O’Farrell J dismissed all 17 of the claims brought by Siemens. Siemens’ claims were wide-ranging, including allegations of manifest error in the scores and HS2’s exercises of discretion, of breach of public law principles, that the successful bid was abnormally low and that there were conflicts of interest. This judgment is essential reading for procurement practitioners.
Both sides were represented by barristers from Keating Chambers; HS2 by Sarah Hannaford KC, Simon Taylor, Ben Graff and Tom Walker and Siemens by Fionnuala McCredie KC and John Steel among others.
