On 17 June 2020, Stuart-Smith J handed down judgment in the 2019 Rail Franchising Litigation – the claim by train operating companies challenging DfT’s conduct of three UK rail franchise competitions in 2017-2019.
The litigation comprised one of the largest, most complex, procurement and commercial judicial review claims litigated to date in the UK. Each of the TOCs sought damages in excess of £100 million, and the litigation comprised no fewer than 8 different interim hearings during 2019 (and a visit to the Court of Appeal).
In a judgment running to in excess of 600 paragraphs, Stuart-Smith J has addressed a significant number of important issues of EU and domestic public and procurement law. The decision is essential reading for all procurement lawyers and public lawyers who practice in commercial areas. Joseph Barrett of 11KBW, who was counsel for Arriva in the litigation, will analyse the judgment and the litigation as a whole, extracting the key points that emerge from the judgment, and the wider lessons that arise for public, commercial and EU lawyers.
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