Acted successfully for
the appellant Nuclear Decommissioning Authority in a landmark Supreme Court judgment establishing that damages in procurement claims are only available if any breach of duty is «sufficiently serious» within the meaning of the EU law conditions for Member State liability.
Not exact matches
The respondent brought a public procurement claim against the
appellant NDA, in connection with its unsuccessful bid for a contract for services to
decommission sites previously used for
nuclear generation.
Nuclear Decommissioning Authority (
Appellant) v EnergySolutions EU Ltd (now called ATK Energy EU Ltd)[2017] UKSC 34 Acting successfully for the
Appellant, the NDA, in a landmark Supreme Court judgment establishing that damages in procurement claims are not awarded as of right, but should only be available if any breach of duty that is established is «sufficiently serious» within the meaning of the EU law conditions for Member State liability (i.e. the well known Francovich / Factortame conditions).