LU loses in court


London Underground (LU) will have to pay up to £1 million in legal costs and compensation after losing its High Court bid last week to claim damages from a civil engineering firm over delays on the Jubilee Line.

LU claimed that design changes at Canning Town Station, made by the civil engineering contractors Kenchington Ford of High Holborn, put the project behind schedule and threatened full public access to the Millennium Dome at Greenwich.

However, Kenchington Ford claimed it had to go to considerable expense to comply with the changing design demands of the tube operator.

It was claimed that LU was undecided about whether the Jubilee Line should run alongside the Docklands Light Railway or that one line should run above the other with full passenger access between the two at Canning Town.
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There was also an argument about the construction of concrete slabbing to separate the Docklands and Jubilee platforms, and altercations over plans for the drainage system.

After the High Court hearing a spokeswoman for Kenchington Ford, said: "We are pleased with the decision, but are disappointed that London Underground saw fit to take it to trial."

A spokesperson for LU said: "Naturally we are pleased the contractor's fees have been substantially reduced.

"As to our own claim, LU were advised to bring the case as a lot of public money was at stake. We are very disappointed with the judgement and we will have to consider it carefully."

In his 150-page judgment His Honour Judge David Wilcox described the Jubilee Line extension from Green Park to Stratford, East London, as "one of the largest civil engineering projects in Europe.

"It was initially planned that the line would be completed in the Spring of 1998 at a total cost of about £2.1 million. The project is late and the costs exceed the budget."

Judge Wilcox ruled that there had been faults on both sides during the construction period, but he charged LU in excess of £500,000 in legal costs, and awarded only £66,650 to LU for any shortcomings on the part of Kenchington Ford. The civil engineering contractors were awarded £384,808 for losses suffered as a result of the actions of LU.

LU now has the option to appeal but it refused to speculate as to what its next step would be.


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