High Court Concludes That HS2 Procurement Process Was Lawful

In Siemens Mobility Limited v High Speed Two (HS2) Limited [2023] EWHC 2768 (TCC), the Technology and Construction Court held that there was no manifest error in the rolling stock procurement run by High Speed Two (HS2) Limited ("HS2"). HS2 was found not to have breached the key principles of equal treatment, non-discrimination and transparency.

The judgment provides helpful guidance for public authorities running public procurements as to the approach taken by the Courts when scrutinising procurement processes. It also provides an indication of what a claimant must demonstrate in order to make out a claim of manifest error.

Key points

• The Court reaffirmed its supervisory role in procurement disputes. Its "role is not to carry out an assessment...and substitute its own scores" or decision.