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| West coast mainline: legal action by suspended civil servant is adjourned | West coast mainline: legal action by suspended civil servant is adjourned |
| (8 days later) | |
| Legal action by one of the civil servants suspended following the west coast rail franchise fiasco has been adjourned. | Legal action by one of the civil servants suspended following the west coast rail franchise fiasco has been adjourned. |
| The application by Kate Mingay for an injunction prohibiting the continuation of her suspension will now be heard at London's high court on 7 December. | The application by Kate Mingay for an injunction prohibiting the continuation of her suspension will now be heard at London's high court on 7 December. |
| Mingay, the Department for Transport's (DfT) commercial and technical services director, was one of three DfT officials suspended after the government pulled the plug on the west coast bidding process earlier this autumn. | Mingay, the Department for Transport's (DfT) commercial and technical services director, was one of three DfT officials suspended after the government pulled the plug on the west coast bidding process earlier this autumn. |
| Mr Justice Kenneth Parker said it would be appropriate and in the interests of justice for the case to be put off for a short time to allow the department to consider a report, due on Monday night, on the role of various individuals involved with the franchise. | Mr Justice Kenneth Parker said it would be appropriate and in the interests of justice for the case to be put off for a short time to allow the department to consider a report, due on Monday night, on the role of various individuals involved with the franchise. |
| The adjournment was opposed by counsel for Mingay, who has been suspended since 3 October. Clive Sheldon QC said her continuing suspension, with its attendant publicity, was "intolerable" with each day affecting her reputation and ability to get back to work. | The adjournment was opposed by counsel for Mingay, who has been suspended since 3 October. Clive Sheldon QC said her continuing suspension, with its attendant publicity, was "intolerable" with each day affecting her reputation and ability to get back to work. |
| Charles Bourne for the department said the application was premature as the imminent report was expected to shed considerable light on the position of Mingay and others. | Charles Bourne for the department said the application was premature as the imminent report was expected to shed considerable light on the position of Mingay and others. |
| The judge said it would not be appropriate for the court to embark on the case in circumstances where an expert body had investigated the matter in an inquisitorial process that had enabled it to question witnesses and with full documentation before it. | The judge said it would not be appropriate for the court to embark on the case in circumstances where an expert body had investigated the matter in an inquisitorial process that had enabled it to question witnesses and with full documentation before it. |
| "It seems entirely appropriate then that, in the light of such an important report, the department be able to consider what action should be taken," he said. | "It seems entirely appropriate then that, in the light of such an important report, the department be able to consider what action should be taken," he said. |
| Last summer the DfT decided to award a new 13-year west coast franchise not to Sir Richard Branson's rail company, Virgin Trains, but to its rival company FirstGroup. | Last summer the DfT decided to award a new 13-year west coast franchise not to Sir Richard Branson's rail company, Virgin Trains, but to its rival company FirstGroup. |
| Branson branded the bidding process "insane" and launched a legal challenge. While a defence against the court proceedings was being prepared, what the transport secretary, Patrick McLoughlin, described as "significant technical flaws" in the franchise process were discovered. | Branson branded the bidding process "insane" and launched a legal challenge. While a defence against the court proceedings was being prepared, what the transport secretary, Patrick McLoughlin, described as "significant technical flaws" in the franchise process were discovered. |
| McLoughlin, who had not been in charge when the FirstGroup decision was made, called off the bidding process and announced two inquiries. | McLoughlin, who had not been in charge when the FirstGroup decision was made, called off the bidding process and announced two inquiries. |
| Virgin has run the west coast line since 1997, with FirstGroup having been due to take over on 9 December this year. | Virgin has run the west coast line since 1997, with FirstGroup having been due to take over on 9 December this year. |
| Following the scrapping of the bidding process, McLoughlin announced that talks were under way for Virgin to remain as west coast operator for between nine and 13 months while a competition was run for an interim franchise agreement. The talks are continuing. | Following the scrapping of the bidding process, McLoughlin announced that talks were under way for Virgin to remain as west coast operator for between nine and 13 months while a competition was run for an interim franchise agreement. The talks are continuing. |
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