FIRST GROUP yesterday won an important battle in its legal war against the Strategic Rail Authority (SRA) by gaining access to the scoring system that led to it being excluded from bidding for a new rail contract.

The bus and train company wants a judicial review of an April decision by the SRA, which effectively sacked First Group from running the Liverpool Street to East Anglia services by shortlisting three other companies to run the Greater Anglia franchise.

First Group argues that its exclusion from the bidding process was “irrational, unlawful and unfair”.

First Group has complained that the SRA, chaired by Richard Bowker, has withheld information on how it determined its shortlist. But in a preliminary hearing at the High Court yesterday, First Group was told that it could see the aggregate scores of the three shortlisted companies. It is also able to see the aggregate scores relating to the franchise competitions for ScotRail and Northern Rail, where First Group made the bid shortlist.

A spokesman for First Group said that it had been “struggling to understand” why it was excluded from the Greater Anglia shortlist. The company told the court that if allowed it could prepare a fresh bid for the franchise within four to six weeks.

But a spokesman for the SRA said: “We said we would defend this action and nothing that has occurred today will change that.”

First has hired Lord Lester of Herne Hill, QC, who represented Ken Livingstone, the Mayor of London, in his fight against the part-privatisation of the Tube. The full hearing of the company’s application for judicial review is expected in mid-July. However, the case could still swing the SRA’s way as yesterday’s hearing was only to determine what documents would be disclosed.

The three shortlisted candidates for the new franchise are National Express, which runs West Anglia services; GB Rail, which runs the intercity services in the region, and Arriva, operator of Northern Trains.