Alert: Maintaining the automatic suspension is the exception not the rule—(Alstom Transport UK Ltd v London Underground Ltd)

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Public Law analysis: London Underground Ltd (LUL) have persuaded the Technology and Construction Court (TCC) that damages are an adequate remedy for Alstom Transport UK Ltd (Alstom) should their procurement challenge against the outcome of a procurement challenge regulated by Utilities Contracts Regulations 2006 (UCR 2006) succeed. Consequently the automatic suspension on LUL’s contract award imposed by UCR 2006, reg 45G should be lifted. Mr Justice Stuart-Smith rejected Alstom’s submissions that the Court should form an initial view that their case was strong and bring that into consideration when determining whether damages would be an inadequate remedy because of potential damage to their business. Further submissions suggesting that the public interest in preventing contracting authorities paying both damages and the contract price if a challenge succeeded tipped the balance of convenience in favour of maintaining the suspension were also rejected.