The High Court has directed a two-stage hearing in a dispute between S.T.T. Risk Management and Transdev over the Luas operating contract and security services. It also ordered discovery of documents from both sides, with some of Transdev’s records initially restricted to a confidentiality ring.
In a judgment delivered on 24 March 2021, Mr Justice Brian O’Moore said the first stage would address whether Transdev was liable to STT. A second stage would deal with any relief, including damages, if STT establishes liability. The judge said separating those issues could save court time and costs, particularly because assessing loss might require detailed expert evidence.
STT alleges that it provided confidential information and assisted Transdev with its tender for the contract to operate the Luas network from 2019, but was excluded after Transdev won. It also claims the parties had agreed that STT would provide security services if Transdev succeeded. Transdev denies liability. Its defence says negotiations over a possible subcontract did not produce agreement on material terms, and that STT’s proposals were uneconomic and would have made the tender uncompetitive. Those are competing pleadings; the judgment did not decide liability.
The judge granted Transdev’s application for discovery of documents about STT’s alleged losses and financial position. He noted that STT had agreed in correspondence to make discovery in that category, but the parties did not treat the agreement as unequivocal. He said an order would clarify STT’s obligations and would hear the parties on the time needed to comply.
STT sought further discovery of records about Transdev’s tender, contract, financial projections and staffing for Luas security and revenue protection services. The judge allowed the application under the rule permitting changes to an earlier discovery agreement where further discovery is needed for a fair resolution or to save costs. He accepted that STT’s advisers had failed to request the material earlier through oversight, but concluded that refusing it could prevent STT from formulating a damages claim if it succeeds.
For the liability stage, Transdev must first provide the specific tender and contract documents covered by the first category of STT’s request. They are to be circulated initially only within a confidentiality ring. The remaining discovery sought by STT, directed to quantum, is deferred until after the liability judgment and will not be required if STT fails on liability. The judge said the wording of the order still needed to be settled because the request might be too broad.