Cubic Transportation Systems Limited v Transport for London & Anor [2026] EWHC 211 (TCC)

This judgment followed the decision of 15 January 2026 in which Transport for London succeeded in lifting the automatic suspension over its Proteus revenue collection contract. It dealt with the consequential questions of who should pay the costs of that application and of the bidder's failed application for an expedited trial.

Cubic accepted that it should pay Transport for London's costs of the suspension application and of its own expedited-trial application, and that those costs would be assessed if not agreed. The remaining question was the amount of the interim payment on account. Having considered the figures, the judge fixed the appropriate sum and ordered a payment on account accordingly.

The case is a straightforward reminder that a challenger who fails to keep the automatic suspension in place will usually bear the authority's costs of the application, and can expect to make a substantial payment on account pending detailed assessment.

The judge ordered that "I order a payment on account in that amount".