London Underground PPP Judicial Review

02 September 2005

London Mayor Ken Livingstone and his Transport Commissioner Bob Kiley have withdrawn their High Court challenge to the Government"s part privatisation of the Tube.

Lord Lester of Herne Hill QC, appearing for the Mayor, told the court they were withdrawing their case because they did not think they would get the orders they were seeking. The application for a judicial review was abandoned on the fourth day of a five-day hearing.

Statement from Lord Lester to the Court. on the Judicial Review:

In these proceedings it has been submitted on behalf of the Defendants, the Secretary of State, Tube Lines and Metronet that, independent of the merits of the Claimants position with respect to the PPP procurement process, they have no entitlement to any remedies and relief and that they have no standing to complain to this Court. During the course of the hearing, it has become clear that some or all of these procedural objections are likely to be accepted by your Lordship. The Claimants have therefore been advised that they have no reasonable prospect of obtaining an effective remedy for the breaches of the procurement rules they have raised in these proceedings and which remain of grave concern to them. In these circumstances, as responsible public servants and authorities, the Claimants have decided not to continue further with these proceedings to apply to the Court for permission for Judicial Review and have withdrawn their application.

Responding to the abandonment of the legal attempt to block PPP, Mick Rix said:

"We continue to hope that transport Secrtary Alistair Darling will rethink the imposition of PPP on London because, whatever the legal technicalities, it will be a disaster for the travelling public, the taxpayer and employees alike."

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