The factual background
The factual background
The account that follows is not in dispute except where we indicate to the contrary. It is based upon the parties’ agreed chronology, upon facts agreed by the expert witnesses, and on the evidence of two witnesses of fact: Mr Stuart Neil, who was from 2000 the claimant’s Operations Manager at WWH and later its Business Manager for Rail until he retired in January 2022, and Mr Damien Allen who has worked for the claimant since 2005 and has been its Business Manager for Rail since April 2021, sharing the role with Mr Neil until January 2022.
- Heading
- Introduction
- The legal background
- The factual background
- The supply and demand for sleepers in Great Britain
- The Washwood Heath factory
- Local Distribution Centres and the rail network
- Contracts and tenders
- The P3 procurement exercise and contract
- The issues in the appeal
- Issue 1(1): the volume of sleepers required by NR to date in the real world and the no scheme world
- The authority’s case about NR’s requirement to date
- The claimant’s position about NR’s requirement to date
- Discussion and conclusions on NR’s requirement to date
- Issue 1(2): NR’s future requirement for sleepers in the real world and the NSW
- The background to future demand
- The claimant’s case about future requirement
- The authority’s case about future requirement
- Discussion and conclusion about future requirement
- Issue 2: the duration of the claimant’s business in the real world and the no scheme world
- Conclusions about the real world
- Issue 3: the terms of the extension contracts from April 2017 to April 2020
- Market share and MGV
- Price in the short-term contracts
- Market share
- Issue 4: the terms of the P3 contract in the no scheme world
- Price in the P3 contract in the no scheme world
- Would there have been an MGV in the P3 contract in the no scheme
- Market share during the P3 contract in the no scheme world
- The Area B problem
- Conclusions
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