‘Ineffectiveness’ of Awarded Contracts

14 Jul 2011

Alstom Transport and Eurostar International Limited v Siemens plc [2011] EWHC 1828 (Ch)

In the latest judgment in connection with the ongoing dispute between Alstom Transport (“Alstom”) and Eurostar International Limited (“Eurostar”) over the contract to upgrade Eurostar’s fleet of cross-Channel trains, the High Court has ruled for the first time on the availability of the new ‘ineffectiveness’ remedy under Regulation 45J Utilities Contracts Regulations 2006 (as amended) (“the Regulations”).

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