Together dating contract cancellation

The Court rejected out of hand, Stadler’s allegation that Bombardier was using "".The TCC said this was a serious allegation which was wholly unjustified on the evidence; • Stadler were the ‘real party’ here.On this basis, following requests by Mo D for the claimant to clarify its response and a further moderation meeting, Mo D marked the claimant's tender as uncompliant and excluded it.The claimant commenced the claim prior to the award of the contract to the second-placed bidder, which suspended the award process pending legal proceedings.The question then arose as to the costs of the application and who should be responsible for these?The TCC noted that this was a potentially important point for procurement cases as it concerned the potential liability for costs of a non-party (in this case Stadler), who will often be the successful tenderer.

In circumstances where confidentiality rings are common (as in this case), a non-party will need very good evidence before it suggests that the claimant is seeking the documentation for its own commercial advantage, rather than for the purposes of the litigation.The claimant argued (amongst other things) that the ITT did not state, or at least was ambiguous as to, the consequence of a "fail" score in respect of Question 6.3.This meant, argued the claimant, that the Mo D was not entitled automatically to reject its tender for a single fail score.The facts This was a procurement claim brought against Merseytravel by an unsuccessful bidder, Bombardier Transportation UK Limited (“Bombardier”) in the Technology and Construction Court (“TCC”).

The successful bidder was Stadler Bussnang AG (“Stadler”) who was not a party to the proceedings.

The law on liability of a non-party for costs Although cost orders made against non-parties are to be regarded as “exceptional”, this means no more than outside the ordinary run of cases where parties pursue or defend claims for their own benefit and at their own expense.

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