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ARTICLE · 01 NOVEMBER 2012

What Next For Train Franchising?

Bircham Dyson Bell LLP
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Can flaws in the tendering system for train services be fixed with minor tweaks - or will a complete overhaul be required?

United KingdomGovernment, Public Sector
Stuart Thomson
Stuart Thomson

Can flaws in the tendering system for train services be fixed with minor tweaks - or will a complete overhaul be required? Stuart Thomson and Francis Tyrrell consider the implications for the DfT and wider government procurement.

Virgin's challenge to the award of the West Coast Main Line franchise to First Group did not even have to be heard by the High Court. Late in the day, the Government recognised that a problem existed in the process followed and put its hands up. In itself, this places the Government at more danger of legal challenges going forward - because, quite simply, a challenge to the process has been seen to work. However, the problem appears to have come to light only as a result of external examination by PwC. There are clear legal and political implications from the situation that the DfT now finds itself in.

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