Alstom Transport v Eurostar International Ltd
[2010] EWHC 2747 (Ch)
Ratio Decidendi
A claim for a declaration of ineffectiveness must be brought promptly. The court will consider the importance of the contract to the contracting authority and third parties when deciding whether to grant such relief.
Ffeithiau
Alstom challenged the award of a contract for new Eurostar trains to Siemens. Alstom had also tendered and alleged the procurement was unlawful. It sought a declaration of ineffectiveness, which would cancel the contract.
Crynodeb o'r dyfarniad
The court held that even if there had been breaches, it would not be appropriate to declare the contract ineffective given its importance to cross-Channel rail services and the legitimate interests of passengers. Damages were the appropriate remedy.
Dyfyniadau allweddol
"The remedy of ineffectiveness is not automatic. The court must consider the public interest and the impact on those who would be affected."
— Vos J
Triniaeth ddilynol
Important on the exercise of discretion in ineffectiveness claims.