The court hearing for the contested strike out application has been set down for a two-day hearing to take place during week commencing 18 January 2010
SITA UK
The waste management company confirmed today (December 23) that a court hearing is set to be held in January 2010 to consider the authority's attempt to halt the legal action that it launched in August in relation to the procurement of the UK's largest ever PFI-funded waste deal.
The GMWDA's plan to strike out SITA's action was first outlined in minutes from a meeting of the Association of Greater Manchester Authorities' Scrutiny Pool, held on October 9.
In a statement, SITA explained: “As they have publicly confirmed, GMWDA has applied to have SITA UK's application struck out.
“The court hearing for the contested strike out application has been set down for a two-day hearing to take place during week commencing 18 January 2010.
“SITA UK is confident that the GMWDA's application will be refused,” it added.
Bidder
SITA UK, which was reserve bidder for the Greater Manchester waste deal as part of a consortium with Royal Bank of Scotland and Peel Holdings, revealed in September 2009 that it had begun legal proceedings to secure “unlimited” damages in relation to the contract (see letsrecycle.com story).
In a claim submitted to the high court, the company claimed that the GMWDA failed to identify the “most economically advantageous” bid during the contract procurement process.
And, it also accused the GMWDA of having failed to inform it of the characteristics and advantages of the successful bid from the Viridor-Laing consortium which secured the award and, through it actions, breached its contract.
In particular, it claimed that the costs of Viridor-Laing's bid increased and the project changed “significantly” since it was named as preferred bidder, but, despite this, SITA UK was not allowed to resubmit its bid.
GMWDA
A spokeswoman for the GMWDA today (December 23) told letsrecycle.com that the Authority had “no further comment” to make in relation to the case.
However, in September 2009, the GMWDA's treasurer and deputy clerk, John Bland, said he was “disappointed” and “surprised” that SITA had launched legal proceedings, but confident the contract had been awarded in accord with EU procurement law.
The Greater Manchester deal was eventually signed in April 2009 (see letsrecycle.com story).
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