Arbiter says TfL has to raise 拢4,465m for PPP costs, prompting possible legal action and angry response from Boris Johnson

The arbiter of the ongoing dispute between Transport for London and PPP partner Tube Lines has increased the cost of the next 7.5 years of work on the scheme by 拢65m, in his final determination.

Transport for London has hit out at the determination, which puts the cost of the work at 拢4,465m, and said it is considering taking legal action against the arbiter, Chris Bolt.

In December the arbiter said the work should cost 拢4.4bn, compared to an estimate from TfL of 拢4bn and from Tube Lines, a consortium of Bechtel and Ferrovial, of 拢5.75bn. Today鈥檚 decision also gives a draft indication of who should shoulder the costs of the increase, with the arbiter siding firmly with the Tube Lines consortium on the issue. Bolt said TfL should find the extra money or reduce the scope of the upgrade work.

Chris Bolt said: 鈥淚 have listened carefully to the representations made by both Tube Lines and London Underground, and made a number of changes to my draft directions. Overall, this leads to a small increase in the costs allowed for the next Review Period.鈥

However, London mayor Boris Johnson and TFL reacted angrily to the decision, alleging Tube Lines was making 鈥渉undreds of millions of pounds鈥 of secretive payments to its shareholders, and that the PPP was definitively 鈥渘ot delivering for London.鈥

Johnson said: 鈥淟ondoners will also be outraged that the Tube upgrades promised to them are now threatened. Simply put, we are being asked to write a blank cheque in order to prop up an ailing and failing Tube Lines, and to guarantee massive and secretive payments of 拢400 million to its shareholders, Ferrovial and Bechtel. In other countries this would be called looting, here it is called the PPP.

"It is a system that no Londoner voted for and which is letting us down, while the Government seeks to wash its hands of the mess it created. We will fight this to the last and are seeking urgent advice on the Arbiter鈥檚 idea to pass Tube Lines' obligations to raise finance on to London鈥檚 fare and taxpayers. We are therefore examining all our options, including legal remedies.鈥

Andrew Cleaves, Tube Lines acting chief executive, said: 鈥淲e have worked hard with London Underground to make this partnership work. During the last seven years, Tube Lines has achieved significant improvements in reliability, cost and safety. With the support of London Underground, we can do even better in the next few years.

鈥淭he Tube requires sustained, high levels of long term investment. It is important therefore that there is general support for this massive improvement in the Tube in order to deliver the London Underground鈥檚 vision of a world-class railway for London.鈥