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The government has taken on lawyers in anticipation of a legal challenge over a contract awarded for an emergency ferry service in the event of a no-deal Brexit.
The decision sparked controversy as the government bypassed its normal procurement processes and did not have an open competition for the contract.
That decision came under fire from Eurotunnel bosses, who have already threatened legal action.
Last month, the parent company Getlink accused the government of "distortionary and anti-competitive" behaviour over the award of contracts.
The Seaborne contract was one of three awarded by the government totalling more than £100m to provide additional cross-Channel capacity in the case of a no-deal Brexit.
Getlink chief executive Jacques Gounon wrote to Mr Grayling to voice "serious concern" about the decision to award contracts to three ferry companies.
A description of the contract awarded to the law firm Slaughter and May on a Government website says it is "to obtain an external legal resource to provide advice and assistance to DfT on the Cross-Channel Rail Services".
A spokesman for the DfT said the Government routinely sought legal advice.
"This multi-annual contract is to provide advice on a wide range of areas relating to the Channel Tunnel and EU exit.”
The contract awarded to Seaborne Freight would involve it providing a service twice-daily from March increasing to four a day by the end of the summer.
Meanwhile, a question mark remains over whether the contract will be confirmed this week in time for Thanet council to retain a planned £500,000 investment in the port.
The investment cannot be signed off and incorporated into Thanet council’s budget if the contract is not confirmed.
Seaborne has been approached for comment.