Court finds Kier Highways Overcharged Third Party Insurers for Damage to Crown Property (DCP) Claims in the Name of Highways England

Highways England’s own expert agrees ‘sums claimed are too high’!

The test-case hearing, initiated by the Authority (claiming against insurers) justified our 5-years of banging on the Authority’s door asking them to do no more than have their contractors comply with the contract – specifically the section designed to protect drivers, fleets, hauliers and insurers from profiteering (Appendix A to Annex 23).

But, rather than do so, Highways England ignored Kier Highway’s conduct and enabled £millions to be obtained inappropriately from those they should be serving.

Unsurprisingly (for CMA), even the Authority’s own expert witness ‘came to a conclusion that the sums claimed were too high’!

We have made a simple request of the Authority :

‘Having considered the guidance within the Judgment, please will you confirm that the scope of authority given to your contractors will be thus limited, both going forward and retrospectively’

We await a response.

Highways England sought to impose a new charging regime retrospectively.  Now that this and previous schemes have been determined as giving rise to overcharging, is Highways England going to issue refunds to those what have been adversely affected?  CMA estimates that this could easily be over £10 million during the last six years.

Click here to read associated information:

  • more about the judgement, the ‘amateur’ Authority, lacking professionalism providing inconsistent and deficient documentation to support claims
  • a copy of the Judgement and
  • the information we are seeking, arising from the Judgement

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