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Articles Public Procurement 9th Jan 2020

Lifting the automatic suspension in procurement claims (Alstom v Network Rail)

Public Law analysis: The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274).

The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted.

We hope that you find this article by Jonathan Lewis of interest.

The article was first published by Lexis PSL on 6th January 2020, and is reproduced by kind permission of Lexis Nexis PSL. For more articles like this, please see here


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