The Department of Health is seeking to throw out a £28m claim for bid costs filed against it by a John Laing-led consortium

The Triskelion joint venture, which included Laing O’Rourke, Serco and Portfolio Solutions, was appointed preferred bidder on a £711m PFI Leicestershire hospital in March 2005 but the scheme was scrapped following a review in January 2006.

In November the consortium lodged a claim against the University Hospitals of Leicester NHS Trust and the Department of Health.

This week a source close to the case said a hearing to throw the case out was due next week.

In a separate move, last month the Leicestershire trust made a £7.1m counter-claim against three of the seven firms in the consortium.