A LEADING Scottish Government economic development agency is suing the constructors and designers of the UK's highest railway which closed three years ago due to structural problems for £14.5m. The Highland and Islands Enterprise action against the company that owns Morrisons Construction has come as it has emerged that ministers had to refund part of an EU grant for the original Cairngorm funicular because of discrepancies in the way it tendered for the work as costs spiralled from £14.8m to £26.75m. The publicly funded agency controlled by ministers faces the prospect of having to repay a further £2.6m of EU funding for the scheme if it the railway closes.