NATS Lose Gatwick Contract (Split thread)
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Seems futile to me. A court might find fault in the process used to award the contract to DFS and order a re-run. However contracts can be awarded on all sorts of qualitative issues as well as objective criteria that will be decided by Gatwick not by a court. I would be very surprised if Gatwick go out of their way to admit they got it wrong!
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Business' are not people, I don't think one taking another to court necessarily leaves the same sour grapes as if you sued your neighbour over his fence (or whatever). It's just business. I don't know the details but in theory it could be something serious like DFS being given the opportunity to change their bid after the close date on advice from Gatwick. Even if Gatwick simply don't provide NATS with enough feedback then they are able to start a legal process.
If Gatwick are forced to go through the process again then NATS can bid again and if Gatwick don't award them the contract they will have to justify to NATS why not. Virgin Trains have recently had a similar experience, this is nothing new:
BBC News - West Coast line: Branson to bid again in two years
If Gatwick are forced to go through the process again then NATS can bid again and if Gatwick don't award them the contract they will have to justify to NATS why not. Virgin Trains have recently had a similar experience, this is nothing new:
BBC News - West Coast line: Branson to bid again in two years
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Very interesting. As a business having to rerun the contract negotiations. Gatwick have a real chance of really squeezing this deal. Let's see what curve ball comes out of this.
As for the gatwick controllers...I hope you get some sort of stability soon as it's the impact on you that we all hope for a positive outcome.
As for the gatwick controllers...I hope you get some sort of stability soon as it's the impact on you that we all hope for a positive outcome.
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Full text of the High Court decision is here:
NATS (Services) Ltd v Gatwick Airport Ltd & Anor [2014] EWHC 3133 (TCC) (02 October 2014)
An interesting read - if you can wade through the legal jargon.
Thoughts are with those colleagues at Gatwick who have even more uncertainty to deal with.....
DD
NATS (Services) Ltd v Gatwick Airport Ltd & Anor [2014] EWHC 3133 (TCC) (02 October 2014)
An interesting read - if you can wade through the legal jargon.
Thoughts are with those colleagues at Gatwick who have even more uncertainty to deal with.....
DD
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Thanks for the link, Data Dad.
As far as I can see, the document covers a request by NATS for an injunction to be placed on GAL preventing them going ahead with the new contract with DFS until the complaint by NATS regarding the tender process is settled by a trial in court.
It also states that if GAL win then NATS have to pay damages but if NATS win then instead of damages GAL has to award them the contract.
I can't see anything that tells me what NATS complaint about the procurement process actually is. Maybe I just missed it!
As far as I can see, the document covers a request by NATS for an injunction to be placed on GAL preventing them going ahead with the new contract with DFS until the complaint by NATS regarding the tender process is settled by a trial in court.
It also states that if GAL win then NATS have to pay damages but if NATS win then instead of damages GAL has to award them the contract.
I can't see anything that tells me what NATS complaint about the procurement process actually is. Maybe I just missed it!
From what I understand Gatwick and DFS came to an agreement not to divulge details of their contract.
All very intriguing.
All very intriguing.
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All done...non-disclosed out of court settlement,contract remains with DFS.
Disappointed
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After being told that we were contesting the contract as "a matter of high principle" it would appear that those same high principles are saleable, just like pretty much everything else these days.