Cubic Transportation Systems Limited v Transport for London & Anor [2026] EWHC 61 (TCC)

Cubic was the unsuccessful tenderer for Transport for London's Proteus revenue collection contract, awarded to another bidder. Cubic's challenge triggered the automatic suspension, and TfL applied to lift it so that it could enter the contract.

The judge assessed the strength of the challenge and the balance of convenience pending trial. He concluded that damages would probably be an adequate remedy for Cubic if its claim later succeeded, and that the balance came down in TfL's favour, so the suspension should be lifted.

The decision shows the familiar pattern in procurement challenges: unless the disappointed bidder can show that damages would not adequately compensate it, the automatic suspension is likely to be lifted so that the authority can proceed with the contract while the claim is tried.

The judge held at paragraph 79: "For the above reasons I conclude that the automatic suspension should be lifted".